supporting through a discrimination claim
the challenge:
A parent had alleged that our client, a state primary
school which operated under an inclusion policy, had discriminated
against their child on the basis of disability and had failed to
make reasonable adjustments.
our approach:
The parent had already proceeded with their complaint before a
complaints committee which held a full hearing. Feeling
dissatisfied with the outcome of this hearing, the parent commenced
a claim before special educational needs and disability tribunal
(SENDIST). With no possibility of a negotiation we proceeded to
defend the claim on behalf of the school and were able to strike
out four of five heads of the claim during the case management
stage.
the results:
The remaining head of claim was withdrawn prior to the final
hearing, saving our client the need to attend court. We continue to
work with the school advising on other aspects of this pupil’s
education.