26th January 2026
Dr Diane Delaney shares her learning about the Equality Act and sets out how it can empower families
After attending an education webinar focused on the Equality Act and children’s rights in Scottish schools, I was struck by how many strong protections already exist for children, and how often parents and professionals are not made aware of them. For families supporting children with additional support needs or disabled children, understanding rights can make a real difference. This blog shares some key learning from that webinar, particularly around reasonable adjustments, who is responsible for making them and what parents and carers can do if they feel their child is being disadvantaged.
The Equality Act (2010)
The Equality Act (2010) is one of the most important laws protecting children in education. It applies across Scotland (and the UK) and covers both adults and children. One of its key protected characteristics is disability, which includes both physical and mental impairments that have long term and significant impact on day to day life. The other eight protected characteristics covered in the Act include age, gender reassignment, marriage, pregnancy and maternity, religion, race, sex and sexual orientation.
An important point for families to know is that a child does not need a formal diagnosis of disability or an additional support need for the Equality Act to apply. If your child experiences challenges that have a real impact on daily life in getting to, staying in and returning from school, they may be protected under the law, even if there are no ongoing assessments. Equally, some children may be disabled under the Equality Act but not formally identified as having additional support needs (ASN). Some children fall into both groups, but they don’t have to.
What are ‘reasonable adjustments’?
Under the Equality Act, schools can respond to a child’s needs by making reasonable adjustments so that disabled children, or children with additional support needs, are not placed at a substantial disadvantage compared with their peers.
Reasonable adjustments might include:
- Changing school rules or routines that create barriers
- Providing extra support or flexibility to rules or routines
- Offering specialist equipment or resources
- Adjusting how learning, assessments or activities are delivered.
These adjustments are about removing barriers so children can access learning and fully take part in school life, as their peers do.
The law does not expect schools to agree to every request. Adjustments must be reasonable, meaning they are effective and proportionate, and take account of the needs of the other children attending the school or classroom. However, schools must actively consider what changes are needed and cannot simply decline to consider interventions, support or actions that may reduce barriers or disadvantage for a child in school.
Who is responsible?
In local authority schools, the local authority is legally responsible for ensuring the Equality Act duties are met, and day to day decisions normally happen in schools. It is also important to know that while schools must make reasonable adjustments, large physical changes to buildings (such as widening doors) are dealt with separately through local authority accessibility planning.
What can parents and carers do?
If you believe your child is being disadvantaged because of their support needs or the challenges they are facing, you can:
- Start with the school and speak with the class teacher or head teacher and explain your concerns, and potential solutions (if you have them)
- Escalate if needed by raising concerns formally with the local authority via a complaint if issues remain unresolved
- Use formal routes if necessary by making escalating claims to the Ombudsman or a claim to the First Tier Tribunal (usually within 6 months of the issue starting).
Parents and carers do not need to face these challenges alone. Advice services, advocacy organisations and legal services can help guide you (* see below).
The role of Parent Councils
Parent Councils can play a powerful role in creating inclusive school communities. By increasing awareness of children’s rights, supporting open conversations, and working collaboratively with schools and local authorities, Parent Councils can help ensure equality duties are understood and embedded in everyday practice.
The focus of this type of partnership work is about fairness, dignity and ensuring every child has equal access to education.
Action by Parents, Carers and Parent Councils
- Learn about your rights under the Equality Act and children’s rights legislation such as the United Nations Convention on the Rights of the Child (UNCRC) Incorporation (Scotland) Act (2024)
- Ask questions if school practices don’t feel fair or inclusive
- Support families by signposting and sharing reliable information
- Parent Councils can work with schools, families and local authorities to raise awareness on rights, equality and inclusion.
When parents and carers are informed and confident, children are better supported. Collaborative working between schools, families and Parent Councils helps make Scottish schools places where every child is able to thrive.
*For legal, advocacy and support services, visit: