Landmark case on support for disabled children

This analysis comes in the wake of a tribunal involving Glasgow City Council which found the council had discriminated against a primary schoolboy with Asperger Syndrome (AS) on the basis of his disability. The judgement found the council had failed to put in place “reasonable adjustments” at his primary school, which it is legally obliged to do.

The landmark case, funded by the Equality and Human Rights Commission, is relevant to every disabled child excluded from school and opens up the possibility of other parents taking action.

Education lawyer Iain Nisbet, of Cairn Legal, who represented Samantha McGibbon and her son at the tribunal, said her case was very far from isolated. He is currently dealing with claims against three Scottish local authorities.

“In my view, the decision of the tribunal is of great significance,” he said.”It is relevant to every disabled child excluded from school in Glasgow – and potentially all of Scotland, too. Exclusion has such a negative impact on pupils with additional support needs, and it is unacceptable that it used in this way. Unfortunately, this is not an isolated incident.”