How do I take my Local Authority to court?

[r3dh3d]

In brief, I believe that the Local Authority are guilty of discriminating against my DD1 under the terms of the Equality Act. I've spoken to them, written etc. but they have not responded. From what I can see, the next step is to take them to court. Which sounds all well and good, but I don't have the foggiest where to start or what the mechanics of court proceedings are.

I'm waiting to hear back from the Equality and Human Rights Commission to confirm that there is a legal case to answer. So I'm not going to go charging into this. But my DD1 has an operation planned over the summer so I want to get my head around the logistics now, and any prep I need to do sorted out in advance.

Anyone done this? Was it hard? Expensive?

[Kladdkaka]

I wanted to take a national organisation (not a local authority though) to court for disability discrimination. The EHRC held my hand and walked me through the process. We got to the end of the mediation (set up by the EHRC) and they admitted they were wrong and paid up. Upto that point, it didn't cost me anything except time and energy.

[denialandpanic]

Make a complaint to the local government ombudsman

[prh47bridge]

What is the nature of the discrimination?

Have you exhausted the LA's complaints process? If you have, the LGO is a cheaper and quicker option than going to court.

[lisad123]

Is it herts?
IPSEA are great if child has a SN

[r3dh3d]

Not herts, Lisad, no.

prh47bridge, they have removed her from Home to School Transport because of her (disability-related) medical condition. It's not a big deal to manage, but it clashes with the terms of their insurance policy and they cba to change it, so they refuse to let her back on the bus.

Meanwhile, I'm spending 2.5 hours a day ferrying her to and from school, time I don't have. And I haven't even started on the LA complaints policy, because they haven't officially acknowledged any of my communications since this started in May.

I'm trying to get my head around the process if I have to take them to court in September ahead of time - because DD1 has an operation coming up and then I'll be 24/7 occupied with caring for her and I don't want to emerge from that after the holidays and find I've another battle to start from scratch.

[prh47bridge]

Is your daughter entitled to free transport?

Normally the LGO expects you to have exhausted the LA's complaints procedure before going to them. However, as the LA has ignored you for 2 months I think there is a reasonable chance the LGO will take the case immediately. I would expect the LGO to resolve this by September and, unlike going to court, it won't cost you a penny regardless of whether you win or lose.

[r3dh3d]

Yes, she is entitled to free transport and has been using it for 6 years.

The CAB seem to think she should be entitled to free legal aid for this and have given me the local Law Centre contact details. I'm not convinced tbh.