Resolved complaint (278) about disability discrimination and victimisation in goods, services and facilities

About the complaint

The complainant’s eight-year-old son has autism spectrum disorder, attention-deficit and hyperactivity disorder and generalised anxiety disorder and her six-year-old daughter has autism spectrum disorder, attention-deficit and hyperactivity disorder, oppositional defiant disorder, anxiety and depression. She alleged that, without assessment, planning or consultation, the respondent child care service excluded her children from a vacation program because it would not be able to meet their needs. The complainant alleged the child care service terminated all services to her children after she escalated her concerns about the exclusion from the vacation program.

The child care service claimed its decisions resulted from the Complainant’s ongoing non-compliance with its enrolment and documentation requirements, which are needed to protect the health, safety and wellbeing of children and staff.

The complaint was resolved by conciliation with an agreement that the child care service pay the complainant $15,000 and write to her acknowledging that the circumstances were distressing for the children.

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