Law Society Analysis: Discrimination Against Disabled Children in UK

This case study delves into the critical role of law in addressing societal imbalances, specifically focusing on discrimination against disabled children within the UK school system. It highlights how the Equality Act 2010 aims to protect vulnerable groups by outlining 'protected characteristics' and ensuring equal opportunities in education. The analysis covers various aspects of discrimination, including school admissions, exclusion from activities, and lack of support, referencing a relevant court case to illustrate the legal interpretation and enforcement of anti-discrimination measures. The study concludes by emphasizing the importance of the law in fostering a more equitable and inclusive society, particularly for children facing disabilities. Desklib provides students access to similar case studies and solved assignments.

Law Society and Controversy

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
Law is one of the most important part of society which is used in order to develop
balance within society which helps in developing various aspects helping in creating balance
within society. As per the aspect various legislation has been formed that has been dealing with
problems existing in society. This is one of the most important part of law which has been used
for making society better place to live. Scope of law are wider as they directly impact
functioning of society and its coordinating. Nature is dynamic as it has tendencies for regulating
peace and balance within society. Also they are responsible for making society more positive in
nature. In this report the group that has been taken is disable children group and area of
discrimination faced by them is discrimination in school. In relation to this various aspects has
been covered.
MAIN BODY
Introduction and background: The group that has been facing discrimination is “disable
children”. They are those children which faces disability in relation to long-term physical,
mental, intellectual or sensory impairments. These are based upon barriers which can hinder full
and effective participation in society in equal basis. This kind of discrimination is one of the
most common form of discrimination which is done mostly in schools that are working in United
Kingdom. The reason for this discrimination is based upon disability existing within children due
to which incompetency is developed within them and they are not able to perform perfectly as
other children do. Discrimination is done towards these children ion a way that they are not
given admission within school. Even if they are admitted within school they are kept excluded
from normal children. Then they are nor given equal opportunity to take part in school activities.
Both staff and teachers discriminate by not listing to there problems. Also such children are
bullied in schools by their seniors which leads over causing there death(Monsees, 2020).
Law to be applied in relation to such discrimination
The law that has been covering about discrimination within Equality Act 2010. The act
has been formed out of the original discrimination Act. Under it various kinds of aspects related
to disability is covered which is based upon ‘protected characteristics’. This is applicable all over
England, Wales and Scotland with few differences in each nation which is mainly challenges
upon discrimination. The Equality act is not applicable to Northern Ireland which has septate

legislation. The act has been applied to all schools both stats funded and independent and to all
higher education institute like college and universities. This includes private and voluntary sector
early years settings and after-school and holiday clubs. The act has bee covering about school
admissions, exclusion with education that has been providing about disable pupils. Under the act
curricula is not covered within it. The act has been providing about access to any facilities with
benefit and services. This is wider and has been covering various aspects of school that includes
extra curricular activities, school facilities like libraries and sports has been covered(Lei, 2021).
The definition of disability under the Equality Act is quite wide and is not dependent on a
particular diagnosis. The act explains that an physically disabled person should be physical or
mental impairment. The impairment has suitable and long term adverse effect on their ability for
caring out day to day activities. A “physical or mental impairment can include sensory
impairments, medical conditions, learning disabilities, mental health conditions, autism, speech
and language impairments, and more. There is no requirement for a formal diagnosis, though this
is likely to help as evidence of an impairment. “ Long term” that is based upon sustainability
within which minor or trivial. Normal day to day activities which can be physical such as
processing and instructions. There are certain duties which is required to be followed by school
they are “Public Sector Equality Duty” in this duty schools are funded including there
academics(Orbach, 2019). This duty is based upon making elimination of discrimination,
advance equality with opportunity and foster good relations between people that has been
sharing protected characteristics which is related to disability. School must be regarded to PSED
before performing ant kind of act in relation to disability issue. “Accessibility plan (England
and Wales only)” as per this schools has been including independent schools that is required to
use accessibility plan that has been setting out will improve access for disability pupils in
following areas which makes access to the curriculum, improving the physical environment of
the school and access to information which provides range of different formats. Local authorities
in England and Wales have similar duty publish accessibility strategy and this has been setting
out plan for improving access while maintaining accessibility of strategy. This sets out how they
plan to improve access in maintained schools in the area. In England, the accessibility strategy
may be available on the local authority’s ‘local offer’ site. “Anticipatory adjustments” schools
should be looking ahead at how they can do things differently for disabled pupils if necessary.
They don’t have to wait until a disabled pupil joins the school

Relevant case in relation to discrimination
K (Children)
Care proceedings concerning a family of five children, three of whom have serious
complex disabilities. Care proceedings withdrawn and the three children made wards of court
pending review. These care proceedings concerned a family of five children, three of whom had
serious complex disabilities. The local authority had issued proceedings in order to break the
deadlock that had arisen between the local authority and the children's parents as to the services
that were being made to the family. In the course of the judgment, J repeatedly remarks that this
is a unique case that merited a unique judicial approach. In the course of the final hearing. In
this case the judgement that has been passed is based upon equality and in this court held that
discrimination has been done in relation to children and they are required to get claim for such
discrimination.
The judge therefore spent some time attempting to formulate a definition of what 'good
enough' parenting would mean in this context. Whilst this did not mean necessarily always
accepting the advice of professionals, such a parent would need to acknowledge the proper role
of professionals involved in their children's care. Hedley J then went on to consider the local
authority's application to withdraw their applications for care orders from a welfare perspective.
He concluded that there was clearly no need for the local authority to share parental
responsibility for these children, but because of the troubled relationship with the local authority
in the past, it was right to make them wards of court pending a review at the end of
2012(SHILEPINA, 2019).
Interpretation
The above mentioned case has been explaining about various kinds of aspects which has
lead upon causing discrimination within disable children. Also in this different elements
regarding discrimination has been covered which has made various laws with effectiveness
created upon aspects existing in society. Also the case law has set new grounds which has made
discrimination regarding children covered in more effective manner. Then within the case
judgement passed by court is fair and has provided justice to them. This is an important case
making justice provided to children suffering from child disability discrimination.

CONCLUSION
From the above discussion it can be concluded that law is one of the mos important of
society and has been dealing with various legal aspects which impacts life of people living
within society. In this report things covered is based upon discrimination done against children
which is an important problems regarding discrimination existing within country like United
Kingdom. Then an act formed regarding such discrimination has been covered. In the end case
law has been explained which is relevant regarding facts that has to be analysed and has helped
in forming more strong law.

REFRENCES
Books and Journals
Davey, N and et. al., 2019. The CRISPR Controversy: Implications for Science, Law, and Policy
in the US and EU. GNLU L. Rev., 6, p.13.
Echevarría, A., 2018. Better Muslim or Jew? The Controversy Around Conversion across
Minorities in Fifteenth-Century Castile. Medieval Encounters, 24(1-3), pp.62-78.
Kanarsh, G.Y., 2021. Rawls and the Meritocracy Controversy. Chelovek, 32(3), pp.116-124.
Lei, Y.W., 2021. Publics, Scientists and the State: Mapping the Global Human Genome Editing
Controversy. The China Quarterly, pp.1-28.
Monsees, L., 2020. ‘A war against truth’-understanding the fake news controversy. Critical
Studies on Security, 8(2), pp.116-129.
Orbach, B., 2019. The Consumer Welfare Controversy. CPI Antitrust Chronical, Nov, pp.19-27.
SHILEPINA, I., 2019. EUTHANASIA CONTROVERSY IN ENGLAND. In We speak Legal
English, German, French, Spanish… (pp. 176-177).
Kanarsh, G.Y., 2021. Rawls and the Meritocracy Controversy. Chelovek, 32(3), pp.116-124.
Lei, Y.W., 2021. Publics, Scientists and the State: Mapping the Global Human Genome Editing
Controversy. The China Quarterly, pp.1-28.
Monsees, L., 2020. ‘A war against truth’-understanding the fake news controversy. Critical
Studies on Security, 8(2), pp.116-129.
Orbach, B., 2019. The Consumer Welfare Controversy. CPI Antitrust Chronical, Nov, pp.19-27.
SHILEPINA, I., 2019. EUTHANASIA CONTROVERSY IN ENGLAND. In We speak Legal
English, German, French, Spanish… (pp. 176-177).