Northern Ireland Nursery Settles in Discrimination Case Over Child with Downs Syndrome

Amelie’s Parents Brought a Discrimination Claim Against The Nursery

Following this, Amelie’s parents then brought a claim against the nursery for disability discrimination. The claim  was lodged with the Special Educational Needs and Disability Tribunal with the support of the Equality Commission. This is more commonly referred to as a SEND Tribunal.

Given that this case took place in Northern Ireland, we can’t comment on the procedure there as it will differ slightly to the process we have in England. However, in England, we know that the Special Educational Needs and Disability Tribunal determine claims of disability discrimination against schools. Claims must be brought within a maximum of 6 months from the act of discrimination. The Tribunal has a wide range of powers but cannot award monetary compensation.  Amelie’s mother and father spoke of their motivations for the claim:

“We had to drive it forward, because it’s not acceptable. If we’d have done nothing about it, we’d have been as bad as [the nursery]. We knew in our hearts it was the right thing to do and that we should stick with it because we don’t want it to happen to any other child.”

The nursery eventually admitted it treated Amelie less favourably due to her special educational needs and failed to make reasonable adjustments for her.

A spokesperson for Trinity Nursery School said:

"Whilst we cannot comment on individual pupils, as a school we will take on board all learning from the case and are firmly committed to the principle of equality of opportunity for all disabled pupils”.

The Outcome for Amelie, her Parents and the Nursery

Mr and Mrs Cummins said that the two-year tribunal process was definitely worthwhile, even though it was lengthy and stressful at times. Amelie’s mother has said that while the nursery’s apology will never be enough, she hopes that their actions mean this won’t happen to any other child at the nursery.

Mary Kitson, the senior legal officer for the Equality Commission for Northern Ireland, said it is unacceptable that any child should be treated less favourably because of their disability in education, stating:

"All children must be provided with opportunities to flourish at school, regardless of whether or not they have a disability.”

Amelie has since had a positive experience in another nursery school and is currently thriving in primary school.

Trinity Nursery School has said that they will “work with the Equality Commission in ensuring that all of their policies, practices and procedures conform in all respects with national equality legislation in relation to Disability Discrimination in education, as well as best practice”.

How Our Lawyers Can Help if Your Child is Experiencing Discrimination

Our expert Education Lawyers can only assist with cases concerning disability discrimination in England and Wales but the points raised from Amelie’s case remain the same.

Our expert team of Education Solicitors are on hand to listen to your concerns and advise you of the various different courses of action available to you. WYou can contact our friendly and helpful team on 0808 239 9764 or by requesting a call back.

Children like Amelie who have special educational needs and/or disabilities are entitled to a to be treated fairly and to have their needs met whether this is in a nursery, school or college. They should not experience less favourable treatment simply for reasons relating to a disability. At Simpson Millar, we’re here to help with that.