We have just heard a brief but very important speech from the noble Lord, Lord Low of Dalston. As he explained, these amendments underline the fact that the duty to make reasonable adjustments in relation to education must be an anticipatory duty and not just a reaction to the particular circumstances of an individual person with disability. In other words, I suppose the governing body of a school and the body in charge of the recreational or training facility should have to ensure, as a matter of practice, that the school, certain further or higher education courses and its recreational or training facilities should be created and maintained bearing in mind the need for accessibility for students with disability.
On these Benches, we would very much agree with the principle behind these amendments. We are concerned that as much as possible should be done to ensure that the disadvantages which disabled students may suffer as a result of their disability are minimised as far as possible. Every effort should be made to give disabled students an education that is equal to that of non-disabled students. That may require asymmetric treatment of a disabled pupil or student. Perhaps in some cases that does not happen to the extent that it should. In May last year, the Department for Business, Innovation and the Skills released a report which showed that inequalities in secondary education resulted in disabled 16 year-olds having lower GCSE attainment than those who are not disabled. Clearly, there are problems to be addressed.
Nevertheless, on these Benches we feel that the Bill as it stands already contains sufficient provision to ensure that education authorities anticipate the needs of disabled students and make reasonable adjustments in accordance with that. I saw in the Explanatory Notes constant reference to the duty to ensure that certain matters, ""do not place disabled pupils at a substantial disadvantage in comparison to non-disabled pupils"."
That theme has been running through a number of our debates. Therefore, that duty is strong: it both allows and actively encourages education authorities to ensure that reasonable adjustments are made for people with disabilities. Of course, there are places where improvements could be made but, on the whole, we believe that the Bill contains sufficient provision in these areas. I now look to the Minister to reassure me that I am right.
Equality Bill
Proceeding contribution from
Lord Hunt of Wirral
(Conservative)
in the House of Lords on Wednesday, 27 January 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Equality Bill.
Type
Proceeding contribution
Reference
716 c1450-1 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
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