Disabled schoolboy wins right to guitar lessons

As The Herald reports today, many youngsters with disabilities in Scotland are expected to benefit following the ruling in a Govan Law Centre discrimination case against South Lanarkshire Council. 

A pupil at a primary School in East Kilbride, had a guitar bought for him by his parents so he could take part in the sessions, and they asked the local authority to provide him with additional support, including for assistance in using the toilet and other personal care and moving and holding his guitar.

Thomas, who has several chronic conditions that have a significant effect on his ability to carry out normal daily activities, required help to adjust his guitar, take it in and out of its case, and turn the sheet music. However, he could hold and play the instrument and use large-print music sheets.

South Lanarkshire refused the request for asssitance, claiming sufficient support was in place. An additional support needs tribunal ruled it should not have denied the pupil the chance to participate.

The case, the first of its kind in Scotland, has been welcomed by human rights campaigners for establishing that inclusion should not "end with the school bell" and that extra-curricular activities are covered by equalities laws. The Equality Act requires schools to make reasonable adjustments to avoid substantial disadvantage to any disabled pupil.

In finding South Lanarkshire had unlawfully discriminated, the tribunal considered guidance issued by the Equality and Human Rights Commission on making reasonable adjustments for disabled pupils. They found it had not met the duty to make reasonable adjustments and that Thomas was "substantially disadvantaged" from engaging in the club, adding: "His health and safety is compromised as a result. His additional support needs are not met.'

Iain Nisbet, Head of GLC's Education Law Unit, which represented the pupil, said: "We are very pleased to have this early confirmation that a school's duties extend to after-school activities and that Thomas will now be able to take part in the guitar club. This ruling could not be more clear: the duty of inclusion for disabled pupils does not end when the bell rings at the end of the school day."

Thomas's mother, Catherine Pettigrew said, "Thomas has always been able to participate in mainstream education and school-related activities, just the same as other children, so he was very distressed when he couldn't participate in the guitar club – he felt that he was being left behind, that he was being excluded, which is very difficult for a 10-year-old. All he wanted to do was learn to play the guitar. It is important that Thomas can now learn to do something he loves, just like his friends, and also that other parents know that this type of support is available to them."

New code will help parents of children with additional support needs

The Herald reports that parents of children who need extra help in school are now in a better position to demand it, but many councils don’t fully understand the duties imposed on them by a new Government code, according to legal experts. Last month the Scottish Government published a code of practice on supporting children’s learning, which clarifies laws passed in 2005 and updated last year.

Iain Nisbet, of Glasgow’s Govan Law Centre, says the guidance will give parents new rights to take councils to tribunals or courts if their children’s needs are not met. “The code of practice will have a subtle but significant impact,” he said. “We already have duties incumbent on schools, but this gives it a standing in law that previous policies didn’t have.”

The code makes it clear that parents of children with learning disabilities, for instance, can expect schools to help plan what happens when their child leaves school, no less than a year before it happens.

“Transitions to post-school places are supposed to begin not more than 12 months before the child is due to leave school. Such transitions are a really big problem and are still not being done very well,” Mr Nisbet said. “If there is no plan in place, parents will be entitled to ask – why not? And they will have a new right to challenge transitions that aren’t done well.”

The code also clarifies the duty of local authorities to consider the additional needs of children in care, and the right of parents of any child to ask for an assessment of any special needs they may have.  The full story is available in The Herald here.

GLC's Iain Nisbet to address Belfast conference on education law

GLC's Education Law Unit Director, Iain Nisbet, solicitor and partner, will address a legal conference on educational additional support needs in Belfast this week (Thursday 26 August 2010).

The conference is being organised by the Special Educational Needs Advice Centre (SENAC) in Northern Ireland, in conjunction with the Queen’s University Centre for Human Rights.

Iain's presentation will include an examination of the Scottish experience of the Education (Additional Support for Learning) (Scotland) Act 2004.  Other conference contributors include Brian Lamb OBE, Philippa Stobbs and Frances Ross-Watt.  Further details of the Belfast conference are available online here.

HMIe to investigate school support unit in Portree

An additional support needs unit at a school on Skye is to be investigated by HM Inspectorate of Education (HMIE) following complaints from parents, handled by Govan Law Centre.

Allegations include claims that one pupil was forced to do excessive levels of physical exercise, contrary to medical advice.

Parents of three children attending the unit at Portree High School contacted Govan Law Centre, which notified the Scottish Government through a statutory complaints mechanism. The Scottish Government has asked HMIE to visit the school to investigate the claims.

GLC's Iain Nisbet felt the nature of the complaints was such that they should be referred to the Scottish Government.

He welcomed the action taken by ministers. "The legislation allows Scottish ministers to investigate and intervene in cases where there has been any breach of education law,".

"Because we had been approached by a number of parents from the same school, we felt it was appropriate to alert the Scottish Government to these ongoing concerns.

"I am very pleased to see the prompt and effective response of the government and will await the report by HMIE with interest."

A government spokesman said: "Ministers have asked HMIE to visit the Portree High School special needs unit following concerns raised through the Govan Law Centre.

"HMIE will report back to the Scottish government by the end of November when consideration will be given to whether any further action, if required, should be taken."