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Anyone won at a discrimination tribunal?

19 replies

NameChanger4 · 08/02/2013 20:57

If so,is all the stress worth it? And is it possible to get through it without a solicitor?
Am seriously considering it but is it a bit much just to get an apology?

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StarlightMcKenzie · 08/02/2013 20:59

Depends. Is it personal? Will it eat you up emotionally?

Or, will however far you get, give you the satisfaction that even if you never get a 'win' you've had one or two people running a bit scared and they may think differently how they treat the next person?

inappropriatelyemployed · 08/02/2013 21:00

I haven't any experience at Tribunal but I am a human rights lawyer and I would gladly help you if I can. Do PM me if you want to run something past me.

NameChanger4 · 08/02/2013 21:23

Yes,it is a bit personal really. It's eating me up now already.
Will do that IE thanks. Did think about contacting you earlier but know that you're busy.

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StarlightMcKenzie · 08/02/2013 21:26

You see. I like to think that IA has done a lot more damage than it appears.

The LGO couldn't find in her favour after all of this time. It probably took them 6 months of shaking in fear trying to figure out what to do about the fact they've been caught out.

That's what I like to think, anyway!!!

inappropriatelyemployed · 08/02/2013 21:29

Oh Star! That is a good way to think about it. I suppose three provisional judgments and 2 final decisions on the same issue might be a bit of a record!

bjkmummy · 08/02/2013 21:30

A friend of mine won hers earlier this week - decision came back within a matter of days

NameChanger4 · 08/02/2013 22:05

bjk - what was agreed by the tribunal? Apology,change of policy?

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bjkmummy · 08/02/2013 22:21

It was against a school not letting her son to on a school trip. They ruled that the child had been clearly discriminated against. She did it herself without a solicitor

NameChanger4 · 08/02/2013 22:24

Thanks - mine is exclusion related so might not be so clear cut unfortunately.

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2tirednot2fight · 09/02/2013 21:38

Not yet but I will have shortly!

NameChanger4 · 09/02/2013 22:50

What's your case about 2tired ? Are you using a solicitor?

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2tirednot2fight · 10/02/2013 11:53

A number of issues relating to excluding my child from accessing the services provided by the school and failure to provide auxiliary aids. No not using a solicitor, I did consult a barrister and was contemplating direct access to counsel but I decided that the TA has overstepped so many boundaries and in so doing jeopardised my child's learning, the school have failed to listen to their own legal advisor and the case is so clear cut that I could do it myself. So far the directions seem balanced so am hoping for a fair go and a reasoned outcome. Am taking a nothing ventured nothing gained approach.

2tirednot2fight · 10/02/2013 11:58

Name changer, although the Guidance around exclusion changed in September 2012, there are still clear processes to be followed and I have seen many cases whereby there has been unlawful exclusion. I take on board your concerns about stress but exclusion is far too commonplace in SEN so maybe a DDA application is worth considering?

NameChanger4 · 10/02/2013 13:18

I am definitely considering it 2tired, exclusion guidance was clearly not followed and they had already admitted that they couldn't meet needs. They are very skilled at wheedling their way out of things though so it could go either way really. If it causes them a lot of inconvenience it'll be a small consolation I suppose. Good luck with your case.

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inappropriatelyemployed · 10/02/2013 13:46

I would happy to help anyone as much as I can. I haven't done a Tribunal or anything but could always look at any documents and help with the law.

NameChanger4 · 10/02/2013 14:18

Thanks for the pm advice IA - will keep you posted. Good to have someone 'legal' to refer to if necessary Smile

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2tirednot2fight · 10/02/2013 15:07

Thanks namechanger, good luck with yours too if you choose to pursue it. I feel battle weary but carry on because there is no outcome that can be any worse than what they have already put us through as a family, so onwards and upwards!

pannetone · 10/02/2013 23:36

I am waiting for the result from our disability discrimination tribunal. Ours relates to the 'lack of reasonable adjustments' made by our DS's school for his ASD and also 'discrimination arising from disability' when the school removed tuition after he underperformed in exams due to his anxiety. We didn't employ lawyers and it hasn't been plain sailing at all. The case was thrown out initially as having 'no reasonable prospect of success' but 2 appeals later we got it reinstated. It was heard at the end of November.

We had several problems - the chief of which was that only at tribunal were we told that the they couldn't give the main remedy we wanted of re instating DS on the school roll. (apparently an 'admissions issue') That left the remedies of an apology and policy changes. The judge seemed to regard these as 'lesser' remedies as they were not of 'tangible benefit' to DS to the extent that he warned us if we chose to come back to the tribunal (we didn't have time to finish the hearing on the day) we would be at risk of having costs awarded against us. (So we felt we had to opt to do a final written submission instead.)

Another issue was that we still don't know whether the tribunal will hear the major part of our claim which was made 'out of time'. We set out reasons why it should be (chiefly that the School with held informaton from us) but we don't know if our application to have it heard out of time has been successful. which has meant we have spent a lot of time providing evidence for a claim that the tribunal might not even allow.

Other problem is that the legal test for proving discrimination seems to be much higher than we had understood. We thought there would be a greater emphasis on the School having to prove they didn't discriminate, rather than us proving that they did. For example, in our claim of reasonable adjustments it appeared we had to say what the School should have done and prove how it would have made a difference. Even then, it could be knocked back by the School as being 'unreasonable' - which is obviously a subjective test.

So I really don't know which way our case will go. A finding of discrimination and an apology would be a good result. Can't really judge if it 'was worth it' as I don't know how things would have panned out if we hadn't taken the case. As it is DS is back at the school as a 'visitor' and getting the tuition he missed out on last year - and I think that is only because we made our claim. But,yes, it has definitely been stressful!

Ewrika · 19/04/2024 18:26

Maybe they settle out of court at last minute and refund u all tuition fee

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