Leeds teen spends only 15 days in class since September - mum wins discrimination case
There's calls for disabled children in mainstream schools to be better supported in the classroom
Last updated 9th Jun 2022
Kimberley Swales has won a case of disability discrimination against her daughters school in Menston, Leeds.
Phoebe, 13, is partially blind and needs adaptations such as font size 20, black on white paper, with it double spaced and de cluttered.
Following her turbulent time at St Mary's, she now is struggling with anxiety, meaning she hasn't gone to school for months.
Kimberley told us: "My daughter doesn't fit in mainstream, but she doesn't fit in Special Educational Needs, there is no in-between. So if your child doesn't fit mainstream or SEN, you've got nothing in-between, and this is where parents are struggling."
Whilst Phoebe has been at home, the school have sent her homework. Mrs Swales told us this is an example, before the tribunal of how it used to come - which Phoebe would struggle to read.
She's calling for more support in schools, to avoid other parents going through what she's been through.
She told us: "If this was happening in a workplace you'd take it a lot, lot further and I thought why should my daughter go to school and be discriminated against. If she can't physically do what the others are doing then, there's no education there for her."
However, it seems this isn't a one off, with visually impaired children across the country facing these issues.
Helen Honstvet works for Guide Dogs, she told us "I have been hearing a lot of examples of children in a really desperate situation, with the impact on their mental health of not being able to be in school and doing the same as their peers."
A tribunal found unlawful disability discrimination and the trust is to carry out a review of its policies in regard to both special educational needs and information technology by the end of the summer term 2022.
It also found the trust is to provide training to staff in respect of the use of technology which enable pupils who require adaptions to be able to access a whiteboard/smartboard on to an individual laptop, by the end of the summer term 2022.
The Chief Executive Officer of Bishop Wheeler Catholic Academy Trust, Darren Beardsley said: "We are grateful that the Tribunal Decision sets out the extensive support that we provided for this pupil and our engagement and consultation with external agencies.
"However, we fully accept the Tribunal’s only finding of a breach of ‘failure to make reasonable adjustments’. This was solely in relation to specialist software not being purchased quickly enough when the need for IT adaptations was identified during the 2020/21 school year, and the Tribunal noted that as soon as Miss Hattersley the Head Teacher became ‘aware of the situation, she had arranged for the purchase to be made.’
"In dismissing part of the claim, the Tribunal acknowledged that we ‘did have in place procedures to adapt materials for the pupil which in many cases were successful’ and ‘in all of the circumstances, we conclude that the steps taken by the school were reasonable and we dismiss this part of the claim.’
"We have apologised, as we did at the time, and have been happy to comply with all the Tribunal’s requirements.
"The Tribunal Decision drew attention to the difficult circumstances which we, and indeed all schools, were working under during the Covid pandemic and the high levels of staff sickness absence resulting in unprecedented hiring of supply teachers at short notice.
"In the interests of student confidentiality we do not publicly disclose information regarding individual students at our school. However, although we are saddened that the pupil’s parents have chosen to put this matter into the public domain, we remain committed to working with this family, as with all pupils, parents and external agencies, to provide all our students across the family of the school and Trust with the necessary support."
Kimberley is now hoping that Phoebe will be accepted into St. John's for the deaf in Boston Spa.