Could this be disability discrimination?

HI

A brief intro, my son is 12, been out of school for the whole of year 7, because LA dragged their heels with Statementing process, we went to Tribunal in June, as i wanted an Indie school that was perfect for my son, he has complexed LD, SPD, Possible Dyspraxia, Possible Autism, along with lots of other things.

We lost the tribunal, and a Mainstream secondary school with a unit was named. he went for 2 mornings, and he isnt coping, they have a bell, thats loud like a fire alarm, it rings out at the end of a lesson, and then again 5 minutes after to indicate the start of the next lesson,...bearing in mind he has SPD, this freaks him out, i witnessed his reaction on the 2nd day, he went white as a ghost, grabbed his ears, and was shaking, it was very disturbing to see, so much so that i have pulled him out of the school.

Could the bell, be used as disablilty discrimination?

He has slight psychosis, and this has worsened since me forcing him to go go to this unsuitable school.

LA have great pleasure in telling me, they wont consider another school, that SENDIST ordered that school, its a legally binding document, and i have to send him!

I am Distraught, i will NOT be sending him back there!

Kind regards

  • He might have a case to put on ear defenders before the bell sounds. The school can argue reasonable adjustments - they cannot stop using the bell - they might make it less loud - but that brings its own problems. Allowing him to withdraw before the bell, to a place where the bell is less intrusive, if such a place exists, is one option. Headphones/ear protectors is another.

    A similar case has been mooted in Government guidelines somewhere for a child affected by all the chairs scraping as classmates stand at the end of class, to leave the room beforehand.

    You may, particularly if he has been absent from school a while, be under pressure to be flexible, but you can play a lot of games with "reasonable adjustments" which may, in the long run, cause them more exertion, that they might consider relaxing their inflexibility.