Resolved complaint (53) about disability discrimination in education

About the complaint

The complainant's six-year-old son has Attention Deficit Hyperactivity Disorder, Autism Spectrum Disorder and developmental delay. The complainant alleged the respondent independent school did not allow her son to attend the first week of kindergarten because he may scare other children and then would only allow him to attend school for three hours per day. The complainant also alleged that the school did not accommodate her son's disability in the classroom, did not make allowances for her son's disability when applying disciplinary policy and did not develop an individual plan for her son. The complainant's son was ultimately suspended and the complainant removed him from the school. 

On being notified of the complaint, the school denied unlawful discrimination but agreed to participate in conciliation.

The complaint was resolved with an agreement that the school pay the complainant $25,000. The complainant agreed to take down negative social media content she had posted about the school.

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

• all complaints are de-identified
• complaints are resolved on a 'without admission of liability' basis
• some content may include confronting or offensive language.