Two families are fighting to change the law so children who win special educational needs and disability tribunals get compensation.
Lawyer Steven Baylis represents two families fighting the ban on special needs tribunals paying compensation
While adults who win disability discrmination claims at tribunals receive compensation, families who fight for children at the same hearings get nothing.
Typically, where a child was discriminated against in school the tribunal orders extra training and new guidance or a written apology, but not compensation.
Not able to obtain compensation
Steven Baylis is a solicitor with Irwin Mitchell. He represents the two families fighting to change the law.
One of the families involves the parents of a 17-year-old girl with special needs from Yorkshire. The other family wishes to remain anonymous.
Baylis said the families have brought tribunals, but “not been able to obtain compensation”.
Ban ‘is against Human Rights Act’
The families argue that the ban on compensation falls foul of the Human Rights Act.
Under Article 14 of the Act, people are discriminated against when they are treated less favourably and this cannot be objectively or reasonably justified.
Baylis said the law sees people win compensation for disability discrimination in county courts.
But the Equality Act denies compensation in cases at special educational needs tribunals, he added.
Family fights three tribunals and High Court
Along with husband Tom, Chrissa Wadlow spent £200,000 fighting for the right school and support for her 18-year-old autistic daughter.
The Derbyshire couple fought three special educational needs and disability tribunals and a High Court case. The result was that the High Court forced the couple’s local council to send the teenager to the school of their choice.
Wadlow, 40, says the failure to award compensation is a “huge injustice”.
A spokesperson for the Department for Education said special needs tribunals “offer a wide range of remedies”.
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Published: 11 June 2021
