The Equality Act says that employers and service providers including education providers (ie. schools, colleges etc.), should think about making reasonable adjustments (in other words, changes), if it would place a person with a disability at a major disadvantage compared to other people who do not have a disability.

For Education this is an anticipatory duty owed to disabled people generally, not just particular individuals. This means that they must anticipate the type of barriers that students with various impairments may face. They must also anticipate the adjustments they can make to remove these barriers.

For Employers this is not an anticipatory duty, which means that they are only required to make adjustments if they would be ‘reasonably expected to know’ an employee has a disability.

What is reasonable?

Reasonable adjustments could include:

• making changes to the way things are organised or done (eg to change a policy);
• making changes to the built environment, or physical features (eg creating a ramp so that students can enter a classroom);
• providing aids and services to overcome a substantial disadvantage (eg providing information in accessible formats, induction loops, special computer software or additional staff support when using a service).

However, some things might not be reasonable and factors include:

• the effectiveness of making the adjustment and whether it is practical to do so;
• the financial resources of the education provider or employer;
• the availability of grants, loans and other assistance to disabled students, such as DSAs, Access to Work or charitable trusts;
• the extent to which aids and services will be provided to disabled students from other sources;
• health and safety requirements;
• the relevant interests of other people – for example if the adjustment results in significant disadvantage for other students;
• if allowable competence standards apply.

Competence standards,  or other standards applied to determine whether a student has reached a particular level of competence or ability, only apply if they determine the level of ability required in the specific circumstances. 

Competence standards may apply when;

• Applying for a course or job
• Taking an exam or completing an assignment to gain a qualification.
• Registering with a trade organisation, such as becoming a registered Nurse or Social Worker.

n.b How and exactly when failure to make reasonable adjustments applies, therefore  depends on the context. The disabled person cannot be asked to pay for the cost of reasonable adjustments. If a person or organisation does not make reasonable adjustments when it would have been reasonable to do, this will be unlawful discrimination.