← Back to Shining a Legal Light on Advocacy Conversations

Documentation not required

If they say: We didn’t realise your child needed support.

Say: We’ve disclosed disability-related needs and shared the harm—that’s enough to trigger the duty to inquire. Formal reports help, but schools must act once they’re aware.

Legal grounding: Under Moore and BCHRT 237, suspected or disclosed disability plus harm requires schools to investigate, even without full documentation.

This entry draws from Kim Block’s Part 3: Duty to Accommodate – Meaningful Inquiry, which emphasizes that schools must act on disability-related harm once they are aware, whether or not a formal diagnosis has been provided. Legal responsibility is engaged by awareness and harm—not just paperwork.

Key takeaways

Disclosure starts the duty to inquire
Families can disclose a disability by sharing documentation, describing symptoms, or naming suspected needs. Once shared, the school becomes responsible for investigating barriers and initiating supports.
Paperwork confirms, but awareness obligates
While assessments and reports offer clarity, the law does not allow schools to wait until every form is submitted. If a student is struggling and a disability has been named or suspected, inquiry must begin.
Harm triggers responsibility—not just labels
When children are distressed, withdrawing, refusing school, or otherwise impacted by unmet needs, the duty to accommodate has already been engaged. Formal documents strengthen the case but are not prerequisites.