Disabled under the Equality Act
Also called Disability within the meaning of the Equality Act 2010, section 6. That is the name used in diagnostic manuals and on most official paperwork.
A legal test, not a medical one. If what your child finds hard is long term and affects daily life, the law may count them as disabled, even with no diagnosis.
Applies in England, Wales and Scotland
The Equality Act 2010 Equality Act 2010 The law that protects disabled children from unfair treatment in England, Wales and Scotland. Your child does not need a diagnosis to be covered. Read the full definition of Equality Act 2010 says a person is disabled if they have a physical or mental impairment Impairment The word services use for how much something gets in the way of daily life. A diagnosis usually needs proof of this, not just a list of traits. Read the full definition of Impairment with a substantial, long-term adverse effect on their ability to do normal day-to-day activities. In this test, substantial means more than minor or trivial, and long term means it has lasted, or is likely to last, a year or more.
Notice what is missing: there is no requirement for a diagnosis, an EHCP EHCP A legal document, used in England, that sets out a child's needs and the support they must get. It is for children who need more help than their school can give on its own. Read the full definition of EHCP , or anyone's agreement. Many autistic children, and many children with ADHD ADHD ADHD is a difference in the way a child's brain works. It affects how they pay attention, how much energy they have, and how easily they act on impulse. Read the full definition of ADHD , dyslexia or similar differences, meet this test while still sitting on an assessment waiting list, and most parents are never told.
Meeting it changes what schools and services must do now. A school must make reasonable adjustments Reasonable adjustments Changes a school or service must make so a disabled child is not put at a big disadvantage. The duty applies now, and it does not wait for a diagnosis. Read the full definition of Reasonable adjustments for a disabled child and must not discriminate against them. If school says it cannot make changes without a diagnosis, this is the law to name. Disability is also one of the protected characteristics in the Act, which is the legal phrase for the groups it protects.
This applies in England, Wales and Scotland. Northern Ireland has its own law instead.
Across the UK
- Disability Discrimination Act 1995 definition of disability : The Equality Act 2010 does not apply in Northern Ireland. The Disability Discrimination Act 1995 and the Special Educational Needs and Disability (Northern Ireland) Order 2005 give similar protection there.
Related words
Where this comes from
- Equality Act 2010, section 6 (disability) , legislation.gov.uk. Checked 2026-08-14.
Your child doesn't need a diagnosis to get support
Start with a profile of your child. See what we find. Go from there.