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I have become aware of potential discrimination under the Equality Act 2010 following a subject access review about failure to make reasonable ...
... adjustments. Some of the activity is beyond 6 months but I have only become aware of the activity recently as a result of the subject access review (under 6 months). If I were to make a claim under the Equality Act would these activities be admissible since I only was made aware of them recently and, more importantly, now have sufficient evidence? I do have a recent example within six months that I can use. Is my understanding correct that I can bring in older evidence to show a pattern? Any potential claim would be made in the context for a child with an EHCP to the SEND Tribunal. Thank you.
Whitehaven Parent
05 Oct 2022
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Can a claim of discrimination be made against an LA for failing to make reasonable adjustments when it does not want to pay for something? My autistic ...
... son has an EHCP where a provision was approved by the LA Complex Needs Panel. The LA did not follow the advice of its own panel and did not inform the parents or school of the increased provision. The LA also did not issue a new EHCP which prohibited the family from appealing to the SEND tribunal. In another example, the LA consulted with a new school but refused to pay for his provision after the school accepted my son. My understanding is that if an LA mandated x amount of hours for speech and language therapy in an EHCP and the school did not implement it this would be discrimination. Can the same be true for The LA? Can the LA be held to account for failure to support a child with SEN where the provision is considered reasonable?
Whitehaven Parent
12 Oct 2022