Resolved complaint (307) about disability discrimination in education and goods, services and facilities

About the complaint

The complainant’s son has autism spectrum disorder and attention deficit and hyperactivity disorder and was enrolled in vacation care with the respondent out of school hours (OOSH) care provider. She alleged the OOSH care provider did not implement, or only partially implemented, adjustments to accommodate her son’s communication and regulation needs. The complainant alleged the OOSH care provider ultimately terminated her son’s enrolment because of his disability.

The OOSH care provider said it made adjustments to accommodate the complainant’s son’s disability, but claimed some of the adjustments requested were not reasonable adjustments. The OOSH care provider claimed it was unable to accommodate the complainant’s son’s disregulated behaviour while ensureing the safety and wellbeing of staff and other children.

The complaint was resolved by conciliation with an agreement that the OOSH care provider write to the complainant expressing regret for the events giving rise to the complaint and pay her $18,500.

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