Equality Bill

My Lords, I wish to speak to Amendments 58, 107, 108 and 108EA. Currently, local authorities and schools are not under the DDA duty to consider auxiliary aids in relation to disabled school pupils, and that position is mirrored in the Equality Bill. This group of amendments will reverse that position. Amendment 58 will place a duty on local authorities in relation to their education functions, as set out in Schedule 3, to comply with the third reasonable adjustment requirement, as set out in Clause 20, to consider auxiliary aids. Amendments 107, 108 and 108EA will do the same for schools in Schedule 13. Such aids could include adaptive keyboards, voice output and communication equipment for pupils with hearing and speech difficulties, and computer technology to help pupils with visual impairments. I am sure that we would all agree that disabled pupils need all the help they can be given to ensure they get the education they deserve. However, the disability lobbies have long argued that the position of local authorities and schools not having to consider auxiliary aids is a barrier to some disabled pupils getting their education. Our view has been that many disabled pupils also have a statement of special educational needs, and so will get any auxiliary aids provided as part of that regime. In addition, schools and local authorities are under planning duties and strategies to consider the needs of disabled pupils more widely, so auxiliary aids will be considered in a more strategic and planned way. However, we have listened carefully to the lobby arguments and views on this and other disability issues in schools, and recognise that the whole approach to disability and special educational needs in schools needs to be reviewed. That is exactly what we have been doing. Following a Select Committee report on special educational needs in 2006, we asked Ofsted to conduct a review in 2009-10. It will look at how well the existing policy and statutory arrangements are meeting the needs of disabled pupils and those with special educational needs to determine if any changes and improvements need to be made. It would have been logical to tackle the issue of auxiliary aids following that review. However, as noble Lords may be aware, an inquiry into parental confidence in the special educational needs systems was conducted by Brian Lamb, the chair of the Special Educational Consortium, in 2008 and 2009. His recommendations were published in December. One of the recommendations was that schools should be under the duty to consider auxiliary aids. We have therefore reconsidered the matter and we are keen to ensure that no disabled child who needs an auxiliary aid misses out. It would be wrong if even a single disabled child misses out through a gap in provision. We have therefore decided that it would be appropriate to introduce such provisions now, in this Bill, to ensure that auxiliary aids are considered in relation to all disabled school pupils. We have gone further than the amendment which was originally tabled by the noble Baronesses, Lady Warsi and Lady Morris, and we have tabled Amendments 107, 108 and 108EA, which will amend Schedule 13 and place the same duty on schools themselves when offering all types of education. This group of amendments will ensure that there are no gaps in provision and that all disabled pupils will get the help they need to get the education they deserve. This can only be of benefit to disabled pupils, and I therefore hope that noble Lords will accept the amendments. I beg to move.