2018-11-01
The complainant’s nine-year-old son, who has Autism and is non-verbal, and his eleven-year old sister attended the respondent public primary school. The complainant alleged that staff were not adequately trained to support her son and that they assaulted her son by smacking him and dragging him along the floor by the arm. She alleged this treatment was witnessed by her daughter. At the time the complaint was lodged, the complainant had withdrawn her children from the school and intended to home-school them.
The school claimed staff were appropriately trained to support the complainant’s son and that a number of adjustments were implemented to accommodate his disability. The school advised that staff restrained the complainant’s son in response to behaviour that placed him and others at risk. The school claimed that staff restrained the complainant’s son using non-violent, crisis-intervention methods.
The complaint was resolved with an agreement that the department responsible for operation of the school pay the complainant $20,000 as general damages.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Unlawful to contravene Disability Standards
Areas
Disability Standards
Education
Compensation
Amount
$20,000