Education rights in England

This information is for families of deaf children in England. Read our information for Northern Ireland, Scotland and Wales.

By law, children and young people with disabilities have the right to an education. They also have the right to have their needs met. This includes children with all types of hearing loss and levels of deafness. 

Lots of people do not consider deafness to be a disability. However, even if you do not consider deafness to be a disability, deaf children and young people are protected by the laws in place in England. These laws provide important legal rights for disabled people.

Understanding the legal rights of deaf children and young people in education can help to get the right support. This includes:

• the changes a school should make to include disabled children
• how absences for medical appointments should be recorded
• how exams should be made accessible
• how to make a complaint if you have any concerns. 

Learn which laws protect deaf children and young people's rights in education.

The Equality Act 2010

Knowing your rights and being able to voice them when you need to can be very empowering. It can give you the confidence that you're doing everything you can.

A key law is the Equality Act 2010 (legislation.gov.uk). It provides important legal rights for disabled children and young people. Most permanently deaf children and young people are considered to have a disability. 

For temporary hearing loss, such as glue ear, the Equality Act may not apply. It will apply if the condition has lasted, or is likely to last, for 12 months or more. It will also apply if it is likely to happen again in the next 12 months.

Under the Equality Act, local authorities and education settings:

• cannot discriminate against disabled children or young people or treat them less favourably. An education setting cannot refuse to accept student simply because they’re deaf. They also cannot prevent them from doing activities others are allowed to do
• must make reasonable adjustments to involve disabled children and young people
• must promote equality of opportunity for disabled children and young people
• must think about the impact of their policies, procedures and decisions. Particularly their impact on disabled children and young people.

Transport to school

Some deaf children and young people are eligible for free home-to-school transport. Local authorities provide transport to and from school. 

Children and young people may be eligible for free school transport if: 

• their home-to-school journey is longer than the statutory walking distance. The statutory walking distance is 2 miles for children under 8 and 3 miles for children aged 8 to 16 years
• their SEND means it’s unreasonable to expect them to walk to school
• their social and family circumstances
• the walking route is unsuitable for their age and capability. 

In some cases, the local authority will not provide transport. You may prefer a school that is beyond the set walking distance. However, if the EA thinks there’s a suitable school with places nearer, they can refuse transport. 

Your local authority must publish a Local Offer. Local Offers include information about travel to and from school. Look on your local council website or contact them for more information. 

Find your local council (GOV.UK).

Exam access arrangements

Schools and colleges must make reasonable adjustments for disabled students taking exams. These are exam access arrangements.

Exam access arrangements for deaf children and young people may involve:

• extra time
• use of technology such as radio aids or streamers
• a reader (someone who reads exam questions aloud)
• a scribe (someone who writes answers down)
• a British Sign Language (BSL) interpreter.

Exam access arrangements should reflect 'normal ways of working. Schools and colleges must show exam boards that these are part of a young person's ‘normal way of working’. Talk to the special educational needs coordinator (SENCo) or ToD about exams. This should be done well in advance of any exams or assessments.

Deaf children and young people with EHCPs should have exam access arrangements in place. These arrangements should be discussed at the annual review.

For further information, see:

• Access arrangements for examinations
• Access arrangements information (Joint Council for Qualifications website)

Absence recording

Deaf children and young people may need to miss school for medical appointments. For example, audiology appointments. 

Schools record absences as authorised or unauthorised. Schools should be informed about medical appointments in advance. These should be recorded as authorised absences. 

Read the Department for Education's school attendance and absence information (GOV.UK).