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Here you'll find advice from parents and teachers on special needs education.

Just applied for disability discrimination claim. Is it worth it?

4 replies

Aya1979 · Yesterday 09:46

My son's school are determined to get rid of him as he has a learning disability and not performing well academically. They are a "high achievement" school (in their own words) and never felt he would fit well with their school. He got the place after a phase transfer tribunal.
I'm at my wits end and huge worry about the effect of nit being wanted on his mental health. I wish I could just change schools but he is adamant he wants to stay where his friends are.
Is it all worth it?

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roaringdragon · Yesterday 09:55

It depends on the case, but, yes, it can be worth it if you have a case. You will need evidence. Although if DS remains at the school, it can sometimes make the relationship incredibly difficult. Sometimes it breaks down, irrevocably. Disability discrimination claims are dealt with differently to EHCP appeals, so if you haven’t already it is worth doing some reading around them.

Aya1979 · Yesterday 13:39

roaringdragon · Yesterday 09:55

It depends on the case, but, yes, it can be worth it if you have a case. You will need evidence. Although if DS remains at the school, it can sometimes make the relationship incredibly difficult. Sometimes it breaks down, irrevocably. Disability discrimination claims are dealt with differently to EHCP appeals, so if you haven’t already it is worth doing some reading around them.

I believe I have a strong case, but yes, the repercussions is what I'm asking about. It is either his mental health is seriously damaged by forcing him to change (I honestly believe he will refuse to go if we change schools) or his risk his mental health being damaged by being discriminated against in the school environment by grown adults whose care and supervision he is under. At 14 he already has seriously trust issues against figures of authority. He's gone from a sweet boy to an angry young man.

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gettingcoldernowwarmblanketson · Yesterday 14:22

What type of school is it?
Independent mainstream very difficult and if you took them to a tribunal you probably wouldn’t want to send the child there afterwards.

When is your next annual review? Does he need some help eg 1 to 1 etc on his EHCP / scribe / laptop etc. Is it all subjects or is it just a couple?

Aya1979 · Yesterday 15:08

Mainstream academy

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