Maxwell Gillott Solicitors
DISABILITY DISCRIMINATION IN EDUCATION
New legislation makes this an extremely important developing area of the law. In a case funded by the Disability Rights Commission (see Case 2 below), we acted in what is thought to be the first action brought under disability discrimination legislation against an educational institution. We successfully sued a school for refusing to allow a diabetic pupil to go on a water sports trip during the school holidays. Although the compensation he received was relatively low, the legal principles set out by the judge for the proper application of the law are likely to be extremely important for disabled students in the future.
Until the law changed in September 2002, most of the education sector was exempt from the legislation governing disability discrimination. While most schools have tried hard to adopt best practice, there are still many schools and colleges which are confused about their obligations, and do not fully realise how their policies may adversely affect disabled students. In many cases, we can put forward positive proposals which can solve the problem to the satisfaction of both sides. However, our wide experience of both Special Educational Needs and Disability Tribunals, and of court actions relating to education, means that we are in the best position to help in challenging decisions if agreement is not possible.
Case Study
1. Jack had cerebral palsy and was physically unable to get to any lessons which were not timetabled on the ground floor. This meant that in his first year of secondary school he received very little education with his year group, and spent most of his time in the library with his learning assistant. We acted for his parents in an appeal to the Special Needs Tribunal, following which the school readjusted Jack’s timetable to ensure that he received the full National Curriculum with his fellow students.
2. Ben suffered from diabetes. While on a school skiing trip, he had suffered a “hypo” which had alarmed his teachers. Afterwards, the school was concerned about the possibility of this happening again, and considered that they could not rely on Ben to control his blood sugar levels adequately. So they told him he could not now go on a watersports trip which he had already booked. However, they did not seek any expert medical advice before coming to this decision. 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 looking to see how they could be dealt with, or listening to the advice of medical experts. Ben was awarded compensation for injury to his feelings, but the case also set out principles which all educational institutions need to apply in the future.