The Equality Act 2010 says education settings must not discriminate against a child because of their disability. This is unlawful under the Act. Where a child has a disability, the LA and/or the early years setting and/or school have a duty: 

(i) to not discriminate against the child on the grounds of the disability when compared to others who do not have that disability 

(ii) to make reasonable adjustments to enable access to and around buildings and rooms, and in use of equipment, to the provision of information and to the curriculum; this includes planned adjustments in anticipation of likely future needs. 

In some situations, education providers must also take positive, favourable steps, so that children with disabilities can access and participate in the education and other activities they provide. All education settings including Early Years providers, all schools, FE colleges, sixth form colleges, 16-19 academies and independent special schools approved under Section 41 of the Children and Families Act 2014 have duties under the Equality Act 2010. All settings must make reasonable adjustments for children including the provision of auxiliary aids and services for disabled children, in order to prevent them being put at a substantial disadvantage.