Resolved complaint (171) about victimisation in education

About the complaint

The complainant’s son has Generalised Anxiety Disorder and motor ticks and attended the respondent K-12 faith-based school. The complainant alleged the school failed to accommodate his son’s disability, including failing to provide an appropriate space for his son to self-regulate, not providing school chaplain support, not allowing him to return to class after a timeout session and disciplining him for behaviour associated with his disability. The complainant said he felt he had no choice but to remove his son from the school.

The school claimed the complainant’s son displayed problematic behaviour and was disciplined in accordance with relevant school policies and procedures. The school claimed it took reasonable steps to provide reasonable adjustments to accommodate the complainant’s son’s disability.

The complaint was resolved with an agreement that the school write to the complainant expressing regret for the events giving rise to the complaint and pay him $20,000. The school undertook to deliver training on neurodivergence to all staff and to offer its board professional development on supporting students who are neurodivergent.

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.