Health and Social Care Article UK 2022

Running head: HEALTH AND SOCIAL CARE
HEALTH AND SOCIAL CARE
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HEALTH AND SOCIAL CARE1
Abstract
The UK population includes near about 22% of disabled persons. There are numerous
deficits and limited prospects faced by children with disabilities in the UK in several aspects of
their lives. Their relatives and caregivers often face many pressures and difficulties when they
have an individual with a disability in their household, which ultimately results in severe
prejudice against these children. This article aims to explain and identify the general
discriminatory grounds that children with disabilities frequently face by reviewing laws and case
law in their immediate family members and from the broader community.

HEALTH AND SOCIAL CARE2
Introduction
Individuals with disabilities in numerous countries are stripped of their rights and
freedoms and are generally disqualified from society. It has been observed that individuals with
disabilities, particularly individuals with mental disabilities, may be trapped in facilities
innocently and may also be subjected to disrespect and violence, and their right to live as equal
citizens in the community is further dispelled. It is estimated that 10% of the world’s total
population were living with disabilities. Researches show that the main problems faced by
disabled persons in their childhood stage. The problem begins at the time of taking admissions in
the school. According to Deal (2007), disability discrimination happens when a child has
received worse treatment than a child without disabilities or where a school has not treated
disabled children differently when it is mandatory. This paper mainly focuses on the discussion
of discrimination faced by disabled children with the support of case laws. While discussing the
same it also elaborates how the UK legislation takes necessary steps to prevent this
discrimination from society.
Discussion
It has been observed that disabled children face discrimination, especially while taking
admission in schools which is considered to be education-related discrimination. Under the
Equality act, 2010, disability is regarded as ‘protected characteristics’. Thus, it is illegal for an
education provider to differentiate among children based on their disability in the context of
schooling. Besides, there are some specific situations where it is the responsibility of the
education provider to take proper initiatives to assure that incapacitated children have the right to
access learning and the services equally (Unit 2005).

HEALTH AND SOCIAL CARE3
The Special Educational Needs and Disability Act has been enacted by the Parliament of
the United Kingdom in 2001 to protect the disabled children from discrimination and unfair
behaviour of the education provider. The UK Parliament necessarily enacted this legislation
because the educational institutions are not covered by the previous legislation, namely,
Disability Discrimination Act, 1995 which was further substituted by the Disability
Discrimination Act, 2005. This Act prevents discriminatory behaviour of several education
providers, such as schools, colleges and universities and assures that children with infirmities or
special requirements will be provided with similar opportunities like non-disabled children.
According to this Act, discrimination takes place when the education providers fail to make
sensible modifications to accommodate people with special requirements or impairment, or when
they treat them less favourably (Clements and Read 2003).
The legislation of the Equality Act, 2002 covers discrimination. It is considered to be an
alliance of prior legislation which includes the Disability Discrimination Act of 1995. Apart from
infirmity, discrimination on the ground of race and sex are also covered by the Equality Act,
2002. This Act applies to England, Scotland and Wales with some dissimilarities. However, this
does not apply to Northern Ireland.
As per the Equality Act, 2010, discrimination is illegal concerning:
 Prospective learners, for instance, in which way an educational institution articulates their
admission procedure;
 Learners appearing the educational institute even if for the time being absent or excluded,
for instance, in which way an educational institute has implemented their behavioural
policy to some definite circumstances;