Parents have lost their fight for compensation for children who win special educational needs and disability (SEND) tribunals.
Two families wanted to change the law so children who win can get compensation.
It would have followed the practice that applies in other types of tribunal. For instance, adults who succeed in employment tribunals are able to gain compensation.
Families will appeal
Adults who bring successful disability discrimination claims at tribunals are also able to get compensation.
In contrast, families who win the same claims for their children receive nothing.
But Mr Justice Saini in the High Court has ruled against the families, who must remain anonymous for legal reasons.
The judge ruled that the law already provides a “balanced package of procedural and substantive benefits” for those claiming disability discrimination beyond damages payments.
The families will now appeal.
Subjected to restraints and exclusions
One of the families represented an 18-year-old girl with special needs from North Yorkshire.
The other family, from the East Midlands, acted for their nine-year-old son. He has several conditions, including autism.
Both children were subjected to restraints and exclusions by their schools.
The families argued that the ban on compensation breached the Human Rights Act.
Under Article 14 of the Act, people are discriminated against if they are treated less favourably and this cannot be objectively or reasonably justified.
The mother of the girl said she took action “to try and stop what has happened to our daughter happening to other children in the future”.
Solicitors aim for High Court
Bethany Parr is a human rights lawyer at Irwin Mitchell, the firm that represented the families.
She said the firm would “continue to support and advise the families” as it wanted to “appeal the High Court’s decision”.
Related:
- Fight for tribunal compensation
- Mum wins compensation over education
- Mum tells of battle over tribunal law
Published: 27 June 2022
