Mum loses battle with son’s school

Jan 9 2009 by Brian Daniel, The Journal

A NORTHUMBERLAND school has been cleared of discriminating against a disabled pupil.

Berwick Middle School was taken to a tribunal by Michelle Thompson, mother of 13-year-old Harry, who suffers from duchenne muscular dystrophy and is almost permanently wheelchair bound.

Miss Thompson, 40, who lives with her son near Cornhill, claimed the school’s governors had unlawfully discriminated against Harry, prior to her decision to withdraw him in November 2007.

She said Harry, now a pupil at Berwick High School, had become unable to get to the school’s art room, which is on an upper floor. As a result, the youngster claimed he sometimes had to be taught downstairs alone.

Miss Thompson also said her son was not given appropriate support and care whilst using the school’s disabled toilet, in which he could not stand unaided due to his disability.

A third claim, that Harry was excluded from a classroom, was not considered as it was said to have occurred outside the tribunal’s time jurisdiction.

The two claims were denied by the school’s governors.

A Special Educational Needs and Disability tribunal, which took place in Miss Thompson’s absence in November, dismissed both claims. It heard the school had installed a stairlift to allow Harry to access the art room. He was initially able to use this but once he began to find it difficult due to a deterioration in his condition, the school acted appropriately in seeking expert advice.

On the toilet issue, the panel heard Harry had shown a manual handling instructor that he was able to stand unaided, by placing his hands on a chair. The tribunal was told a chair would be provided for him.

Last night, a spokeswoman for Northumberland County Council, which represented the school at the tribunal, said: “We are of course pleased that the tribunal has found in favour of the school, and that the county council are fulfilling our statutory requirements towards this pupil. We always take the concerns of families seriously, and wish the Thompson family all the best.”

But Miss Thompson was disappointed at the decision.

“I really thought they would listen to me and particularly listen to Harry and they have not,” she said.

She also hit out at the tribunal’s decision to proceed in her absence, despite her having asked for an adjournment as she was unable to find childcare.

Miss Thompson, who had no legal assistance, has ruled out an appeal.

“All this battling with the council, it is taking its toll on me and Harry. I need to be able to spend time with Harry.”