Good work.

Did neither the school nor the local authority propose or agree to mediation at any stage?

A good outcome - you must be so pleased and feel vindicated in taking your stand. I guess you 'beat them' by using common sense and a judgement on what is right and wrong.
Very happy for you.

Yes well done for not giving up, which I guess the school was hoping for.

Sadly they don't have a time machine to give your daughter the experience that she missed out on. With any luck the high school are also aware of the result and are responding appropriately.

Good parents. Nice one chaps.

Regarding the ACOP you're searching for, contact Duncan Abbott MIEHF on 01747 871868

Duncan is also in a good position to inform you about relevant scientifically-validated national/international standards for what you refer to as 'auxiliary aids and services'.

I've no business relationship with Duncan, who's a specialist disability ergonomist, but have observed him as a safety/disability trainer and read his books/articles.

Ian, everyone is entitled to their opinion, free speech and all that.

You mention "they must not get a penny".

My claim did not ask for money - just an apology and change in policies for the school.

How many 'claims" do not seek financial compensation?

The Judge ordered in our favour so we are right.

You are Tarring everyone with the same brush, my daughter is eleven years old and has been discriminated against by every school she has attended, only now I feel I have a weapon to use in her defence when her current school discriminates, as they do all the time.

I am not in school with her so I do not know everything that goes on, but I do hear snippits of information and when that includes discrimination I am up to the school and in the head's office.

How many other parents have to do that?

Do you think I was wrong to take the action I did?

Firesafety great news, sorry for hijacking your thread but I had problems with LEA too I have a 7 year old son but have split up with his mum, I have contact every Saturday and pay child support without any problems, his mum registered my son at school using her maiden name, at first I was told by his nursery school that as she had registered him there was nothing I could do however after seeking legal advice I was told it was illegal for her to have done so, I contacted LEA who again told me I was wrong and if I wanted him registered under his proper name which is on his birth certificate I would need a court order????
after lengthy calls backwards and forwards they eventually agreed that my son should be named after the birth certificate, however they refused to apologise and went to great lengths to say it was an error they has been corrected and that his mum (who just happens to be a teacher!) did not use her inside knowledge of the education system to register my son!!!! How much better wouldn't it have been for them to hold their hands up and admit guilt instead of making excuses.
you face a lengthy battle if you expect them to admit anything!

Well done Firesafety, I'm really chuffed for you.

Things like this do make us remember that in our often cynical way of looking at the EL claims we see, we should remember that some of them will represent workers who've been just as unfairly cared for as your daughter.

Not everyone's playing the system, and it's a hell of a brave struggle for people to try and fix things for the better, as you've demonstrated.

While the concern expressed about 'dual' standards and habits of doctors may be appropriate, the way ahead is complex on both fronts.

From senior levels, the medical establishment welcomes the improvements possible through applying ergonomics/human factors and support the advances of the Clinical Human Factors Group yet the advances unavoidably take time to deliver results, as not all accomplished and very, very skilful medical practitioners are at ease about what they regard as risks of dilution of professional standards. Recognised as world-class authorities in their fields, some are likely to regard them as more credible than safety practitioners without medical education or advanced scientific qualifications.

In relation to 'dual' standards, to some extent this appears to be inevitable unless every single employer uses Six Sigma methods of quality management to control both safety and equality standards. To the extent that the IOSH promote much higher standards of statistical literacy amongst its members, it will go a fair way to support the improvements highlighted by both Ian and Firefighter, without recourse to unnecessary rhetoric.

Well, done I did remember you raising this last year as you say this was not for money but to have your child participate in activities and lead as full as a normal life as she can. As parents it is our role to take the fight on and where we can have changes made.
The school had a number of years to make adjustments and it must have been reasonably foreseeable that at the age of 10 your daughter would want to be part of the end of 'primary school life' play with the others children she had grown up with.

Walker

This means don't mess with any Purse holders or bean counters.

Bob

A quiet viewing of the written judgement may be useful

Well the school will be saying sorry in the very near future, just a pity they had to be forced into it by the judgement.

Equality Act 2010 is a H&S regulation therefore this thread is justified being here.

Do threads actually get closed or do they just die away gracefully.

Maybe if you had not posted it wouldn't be at the top now ?

FS101 I'm really pleased to hear that this has been decided in your daughter's favour. Having followed your thread last year it generated a lot of positive responses and support from those who post here on a regular basis and to get the good news on the outcome is some well deserved upbeat news.

I'd suggest that we should applaud any outcome that balances the scales where an unfair or unjust act has taken place. It's particularly disapointing to see that some feel the need to chip in with negative comments. If you took the time to search and read FS101's previous thread you'll perhaps understand why FS wanted to publicise the outcome and personally I'm glad to hear the news.

FS, thanks for the update and well done.

Thanks for the positive feedback all.

Ken, we tried to move my daughter to another high school in Wirral but they openly stated they need an extra £6k before they could accept her. This has taken 8 weeks now and still await their reply.

We have decided to fight on at her present school, better the devil you know ...............

You could be right about Cheshire education system but I doubt it ?

Cheers for the thought though.

While the Equality Act is not H&S legislation, this topic began as raising the issue of a school using H&S as the reason for not including a child in a performance on stage in a school production.

Why are you getting involved, that's a HR Issue' - Typical response on this forum. HR and Safety, often classed as non-operational and more support functions. Two departments that work together and the 'lines' often merge or indeed cross. Work together or work alone, I prefer the former.

The Law Society have announced publication of this title with several chapters particularly relevant to FireSafety's concerns

Disability Discrimination Law and Case Management, 1st edition Karen Jackson and Lydia Banerjee

Overview

This new title comprehensively examines the law of disability discrimination post-Equality Act 2010 with an emphasis on practically managing disability in the workplace and an examination of litigation case management.

The book comprises of a thorough overview of the law including up-to-date cases, together with a chapter devoted to mental health disabilities and a case study showing how the law may be applied in practice. Sample documents are provided.

This comprehensive book:
•provides a background to the law pre-Equality Act 2010 and the key changes since the Disability Discrimination Act 1995
•outlines the key elements of disability discrimination law including the new section 15 provision, disability arising from a disability, together with a lengthy chapter on the reasonable adjustments duty
•addresses other legal aspects of disability including harassment and victimisation, perception and associative discrimination, pre-employment health questions and adjourning proceedings for ill health
•addresses ending the employment relationship, reasonable adjustments on termination, capability dismissals, PHI, pay and ill health retirement
•contains an overview of the tribunal process around disability discrimination claims including hearing preparations and precedents for use in the process
•provides relevant extracts from statute as appendices with online links to guidance and other resources.


Contents

Introduction to disability discrimination law;
1. The definition of disability;
2. Direct, associative and discrimination by perception;
3. Discrimination arising from disability;
4. Reasonable adjustments;
5. Indirect discrimination;
6. Other prohibited conduct: harassment, victimisation and other unlawful acts;
7.Other legal aspects of disability in the workplace;
8. Ending the employment relationship;
9. Mental health disabilities;
10. Case study - Managing disability in the workplace;
11 to 17 Litigation case management with precedent documents.
Appendices: extracts from relevant statutes and online links to further resources.

About the Authors

Karen Jackson is a solicitor who is an expert in disability discrimination law and other health-related issues in employment. Her particular focus is on mental health disabilities. Her boutique firm, didlaw, specialises in disability discrimination work and undertakes claimant and respondent work. She has a high profile both in the media and in the provision of training. She is a regular writer and speaker on the subject.

Lydia Banerjee is a commercial and employment specialist practising from Littleton Chambers. She draws on her own experience as both a commercial director and charity trustee to ensure that her advice is practical and sensitive to the issues in the case. Lydia is regularly instructed in relation to issues of disability discrimination.