School disability discrimination. Take an offer or fight for what’s right?

so what , zombie awake now

THIS IS A ZOMBIE THREAD!

I have to say the court is the kindest to me so far comparing to Department of edu and ofsted who have no power over private school at all . Neither do they care - if it s not a state school .
with send kid I will never ever step into a Prviate school . Even if I won a lottery with zillions .

It’s good .
it is detoxing
it is a process for closure .
i get up at 5am before kids woke up
so it won’t cost me family time .

I am not going to be hero , not even after money . but for valid reason:

1: I found out ex private school actually trying to cook up inflated figures for EHCP funding .
I want nothing in it .
they listed 5-10 theraphist and 50k budget cost I never met them or heard of them .
we are now in state and got state EHCP . But sorry I still need TO point out that cooked book is suspiciously fraudulent ?
and I am not in it . I don’t even know it .
luckily we changed school half way EHCP .
so it’s a brand new EHCP in the end .
only now I have chance to read that ex school ex EHCP school form in a disclosure .

2: they stalk us and wrote damaging reference . Not sure how crazy they are going to write to my next 3 schools down the line in. Next 10 years?

if I got a sorry from them . Then it will clean up those damaging reference .
now we are in state . Not sure how much role those referencing is playing in admission .

3: to stop me continuing .
rhey tried everything
calling police and social workers
and got a no sorry we don’t deal with this .

I am sure this OP has her own valid reasons too .

You want to fight because you’re angry but you only have so much energy and a lot of that will already be needed to parent a child with SEN and to make sure their needs are being met in their current placement. Your child probably needs you to be present more than they need the money in the bank.

Littlefish
i don’t know much about disability discrimination law in education but aren’t posters saying the requirements in independent schools are different. The successful case school you mention was state?

I supported a friend with her disability discrimination tribunal against a mainstream academy secondary school.

The school brought in barristers, solicitors etc.

It was just my friend and I! No legal training, just tenacity and a great, very clear report from an Ed psych and CAMHS, and a school who were obviously being discriminatory.

We won!

School was forced to apologise. They had to undergo equality training. And, most importantly, they had to review and change a set of policies and practices which were discriminatory to children with SEND.

As a result of this, the young person in question has finally got the special school place they needed as the school FINALLY admitted that they couldn't meet needs.

No money was awarded.

But it didn't cost anything to do.

You cannot assume you will win as it’s an independent school so not the same SEN support expectations as state. They probably know this and hence the low offer.
Do you want to drag this out longer? Can you cope with the stress? Personally I would take what’s offered and move on with my life.

I'd settle and walk away.

Life is too short and you won't change the inherent snobbery and ablism in independent schools that mean they don't support all pupils. It's an elitist system from start to finish. Let the new government deal with them.

I know you are angry but this issue is too big for one court case. You cannot boil the ocean.

What’s the benefit of fighting for your child? What’s the impact of fighting for your child? What about your other children? Yourself? Your marriage or other relationships?

Ask the same questions about the settlement. (Can you negotiate? Might be worth thinking of that too).

What’s a realistic outcome if you do fight? In the short term? Long term? For your child? For other children?

It takes people to fight to improve things for those that come after - but you don’t owe the future your family’s wellbeing to achieve that. If fighting won’t be good for your family then think very carefully about putting the principle first.

There’s suggestions to go to the media - does your child (or children) want to be the 5 min sensation? Do they want their parents getting on the TV talking about their needs? What they can and cannot do? Taking away their privacy? What’s the school’s response likely to be? Will it just be that as legal action is ongoing it would be inappropriate to comment? Or that out of respect for the child’s privacy they won’t comment? Don’t go to the media without thinking through the consequences, and ensuring your child understands and genuinely supports you doing that.

Basically there’s so little information I can’t judge. Neither decision is inherently right or wrong.

If you’re trying “fight for what’s right” surely the financial value is irrelevant and it’s resolving whatever the issue you give no details on is more important? Sounds like you believe what’s “right” is getting a payout.

If you get a sorry from them . U can take that sorry to other venues . Get much more than just couple of thousands

I am alone myself with no lawyers —- taking on a Legal 500 .

What u have to lose ?
time ? Nerves ?

if you detach emotion out of it .
it is do- able .

myself I have a bit OCD. I like to always finish what I started .

That's up to you really and will depend on details and how mentally strong you are feeling

I feel 15k

^^ the irony of this poster thinking there is misinformation in other posts...op, you are not going to be awarded £100-500k.

If you fight on it's because believing what you have now is unjust and that's a perfectly good reason. But it does not mean you'll prevail, either financially or legally. Or that the school will implode due to reputational damage 🙄

Lot of misinformation in the posts above here....let me clear up some important points

1. Indepedant schools cannot violate the equality act, they are held to account the same as state schools. State schools cannot terminate because they are now allowed to. But there is zero difference in law.
2. SENDIST tribunal is a no cost arena. each party pays their own costs so you can't have costs awarded against you and you have no pressure to accept any financial settlement to stop a claim. It is your right to pursue it.
3. You will need a barrister, they will appraise you on your prospects of success - if they are 51%, 60% + then the school faces a disability judgement against it most likely, and the school is sitting on the end of a 10, 20% prospect of success. That's why they have made an offer. You can push their offer up as much as you want. A settlement if your prospects are high is worth a lot to the school to protect their reputation and therefore future income.
4. A judgement will be public and has three major issues - reputationally it is devastating and their demand will plummet (and that's pre 20% VAT). Second issue is they will face a deluge of compliance from ISI, Dept of Education and their owners and the third issue is it opens the pathway for you to commence further litigation which they have no prospect of defending or setting aside. Following a SENDIST judgement you are free to bring breach of contract claims in the court system (county or high court) which the school cannot defeat or defend since disability discrimination is a breach of contract. It then just becomes an argument over value/quantum.
5. You are free to then bring a personal injury claim for your child which is wiorth c£50k
6. If you add up 2, 4, 5 and 6 the legal bill for the school is stratospheric (£500k+)
7. The reputation damage hits quickly and most school's convicted of Equality Act 2010 violations have eventually folded 2-3 after the judgement. School implosion is worth several or tens of millions of pounds.

When you settle they will want to settle everything above in one go. So aim high with a number, it should be in the £100-500k arena.

A sizeable chunk of these independent schools behave abysmally toward SEN children and they need to be held to account. Cost or court conviction is down to each parent's choice.

@FloofyBird not necessarily. Companies often chuck low amounts at people because it was cost more to defend.

Well they must be worried if they want to settle. I'm stubborn so I'd fight as long as I had a good chance of winning. Or take the money and go to the press, but are they saying you need to sign a non disclosure agreement? I'd never agree to that

OP are you legally represented?

If the offer really is pathetic, as you say, I would fight for more. But as a parent from ‘State’ who chose to put my child into independent, six years down the line it is as clear as day to me that private schools are first and foremost businesses and they will go all out to protect themselves. So depending on the size & wealth of the school you might want to take a view on quite how much further you take this.

No. This is far too simplistic. It’s not about profit, you don’t “profit” from a claim like this. But it could be about losing a LOT of money if one proceeds - even if you win you can be liable for the defendant’s costs if the Court doesn’t award you as much as the offer on the table. Making a point at the cost of tens of thousands of pounds can be ruinous and pointless.

Seriously OP, you should follow your solicitor’s advice. Only they know the full facts of the case and the prospects of beating the offer at trial. Do not risk your family’s finances on the say so of unqualified people on the internet.

It depends what your objective is - do you want to make a difference or a profit?

In exactly same situation OP - but with a state school. We are at stage 3 of the formal complaint process and have taken legal advice.

I understand that private schools can take whoever they choose (?) but that doesn't make it right.

Obviously take legal advice but from experience (not mine but friends) you won't necessarily win because they have clauses that mean they don't have to take sen kids. Whether it's right isn't my point, I just know they kick out anyone who doesn't conform to their student profile. My own dc was kicked out of private nursery for not being able to speak at 2.5 (she was diagnosed with autism later that year, they probably did me a favour truth be told)

If a private school doesn't want you, they are ruthless in my experience