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Disability Discrimination Act

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mrs_overall | 15:16 Thu 16th Sep 2010 | Law
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If someone with a disability is discriminated against, purely because of their disability, how do you start the ball rolling to deal with it?
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in what situation have they been discriminated against?
Work?
social life?
Question Author
It's a long story so I'll try & keep it short. My daughter is visually impaired.
(A while ago I posted about the trouble my daughter is having at her school. That was sorted & the member of staff was demoted.)
She is in her 2nd year (year 11) at this school. In year 10, they announced they would be organising a ski trip to Austria for February 2011. I put her name down for the trip and paid the deposit last October. I paid a further installment in January this year. They have now decided that because of the problems with her sight she cannot go on the trip (and to rub salt into the wound they have said I can't have my money back.)
At her previous school, in year 9, she went on the identical ski trip and was absolutely fine. Her previous headteacher has told them she is a very good skier and had no problems, and her vision support teacher is also backing us, but the school remain firm.
I see this as blatant disability discrimination but I don't know what to do next.
sorry i can't help but that is utter rubbish for you! Personally i would think of going to the papers/media -there is always stuff like this on south today
Mrs O, have you a local Visual Impairment Team near you, I am also visually impaired and they tell me they help with things like this and also employment issues.
Question Author
Hi mamya
My daughter has a county appointed vision support teacher she sees every three months. I spoke to her on Friday but have now found out that she is off work sick.
I think you are in North Yorks ??

http://www.northyorks...x.aspx?articleid=4784

see if anyone can advise you,it is awful to be treated this way and from a school is unforgivable. Good luck and wish you all well.
Question Author
Yes, I am in North Yorks. Her VS teacher is one of the VS team mentioned in that link. When I spoke to her last week she said all she could do was offer support and put in a good word about my daughter's abilities, but NOT become involved in any legal process.
If you think about it, my gripe is against NYCC and as she is an employee of that council she can hardly advise me on how to sue them
What about RNIB? They are bound to know the law. The fact that your daughter has gone on the same trip before is proof that she is going to be able to take part in the skiing.

She must be brave - the thought of speeding downhill at speed terrifies me and I have reasonable vision.
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wolf - doh! Why didn't I think of that.
I will phone them first thing tomorrow
Let us know how you get on.
It *is* discrimination. I'm no legal expert, but I'm fairly certain anyone who is would agree with me. Have you spoken to any of the school governors? They should be your first port of call. If you have no luck there, then you need to speak to someone at the LEA headquarters. I used to work for a team of SEN advisers in our LEA, and although they didn't deal with individual pupil cases, they were very good at getting parents in touch with the right people.

It may also be worth taking advantage of the free half-hour's advice that many solicitors offer, especially seeing as how the school won't give you your money back.

Of course, you could risk making a big fuss about it. Get your local paper and local BBC/ITV involved - they love a story like this and you never know, the school may just back down.
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I'll let you know how I get on.
It may be a while because I have asked the school for a copy of the risk assessment form and they are being slow in letting me have it.
Thanks to you all for your comments & advice xx
Olive...I am trying to look at a your problem dispassionately.

First........if your daughter does not go on the trip, you get your money back.
Secondly....the school must have a policy for children with disabilities and this will be based on an insurance companies conditions.The fact that your daughter went on the very same trip with a previous school is neither here nor there.

I would first of all ask the school as to the reasons that she has been barred, as the "discrimination" may well be a condition of the insurance company re. cover.
Sqad MrsO states that they have said 'No refund' also, so if you are correct they should have checked the insurance policy before taking money in the first place.
I think Mrs. O has a very strong case against the school.
mamy...we need to know the school´s side of the story.
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Sqad:
1. Stop calling me bloody Olive!
2. They said from the outset the deposits were non refundable
3. They have known about her eye condition since BEFORE she started there in September 2009
4. Why then did they intially say she could go?
mrs_overall....I don´t know the answers to those questions.......only the school would tell you.
Maybe they have changed their insurance company and the new one doesn't allow for cover of people with your daughters disability. The school should have a Disability policy document which should cover all eventualities. Ask to see a copy.

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