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

[mummy1970abc]

I have been given an offer to settle a disability discrimination case against an independent school.
The offer is pathetic and could be fought against.
but I am so cross about how schools fail our kids with Sen that I want to just fight them at every unlawful turn they make.
should I fight or just accept?

I feel 15k

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

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 .

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

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.

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.

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.

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 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.

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?

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.

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 .

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 .

THIS IS A ZOMBIE THREAD!

so what , zombie awake now