Following the Commission providing legal help to Ms Wyper, North Lanarkshire Council have withdrawn their appeal, which had challenged an Additional Support Needs Tribunal’s finding of disability discrimination. The case involved a 7 year old boy who is diabetic and who needs help with managing his condition while at school. The Tribunal case had been the first to deal with the administration of medicine in schools, since the introduction of the new duty on schools to provide auxiliary aids and services.
The case was supported by the Commission and the Appeal defended. Following negotiations, the Appeal has been withdrawn.
Julie Wyper had lodged a disability discrimination claim on behalf of her son Callum, after the teacher previously checking his blood sugar and administering his insulin injection refused to continue. He was accordingly unable to attend school from December 2012 until his mother arranged to attend to administer the injections whilst the Council sought a new volunteer. The Tribunal looked at the new duty on education authorities to provide auxiliary aids and services and in particular considered what reasonable adjustments should be provided to help with pupils' health care needs. The Tribunal found that the Council had failed in their duty to make reasonable adjustments as they should have recruited an Additional Support Needs assistant in December 2012, rather than wait for a new volunteer who wasn't in place until March 2013. Referring extensively to the Commission’s Guidance in relation to reasonable adjustments for disabled pupils, the Tribunal said that the Council had unlawfully discriminated for the period of Callum's absence from school.
Last updated: 07 Apr 2016