Disability discrimination in education case studies

Sharaf

Sharaf had cerebral palsy and was physically unable to attend any lessons in classrooms that were not on the ground floor. This meant that in his first year of secondary school, he attended very few lessons with his year group and spent most of his time in the library with his learning assistant.

We acted for his parents in a tribunal appeal, after which the school altered Sharaf’s timetable so that he could share fully in lessons with his fellow students.

Ben

Ben, who had diabetes, suffered a “hypo” (low blood sugar) while on a school skiing trip. Afterwards, the school was concerned that this might happen again and considered that they could not rely on Ben to control his blood sugar levels adequately.

Without seeking any expert medical advice, the school told Ben he could not go on a watersports trip he had already booked.

After a lengthy court case, the judge held that the school was at fault because they had prevented Ben from going on the trip without first assessing the risks fully and exploring how these could be dealt with, or listening to the advice of medical experts.

Ben was awarded compensation for injury to his feelings. The case also set out principles, which all educational institutions must now apply.

Angela

Angela obtained a place at university to study for a Bachelor of Arts degree. She was blind and prior to her starting the course, the university carried out an assessment of her needs, to ensure that as well as being able to move around the campus safely, she could fully access the course, particularly the texts that students had to study. A report was prepared in which appropriate arrangements were specified.

Unfortunately the university failed to deliver the specified support and after a year, Angela had to leave the course. She claimed damages for disability discrimination. We pursued the matter for her in the County Court and she received substantial damages, with a full apology from the university.

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.