Is this what the Disability Discrimination Act means?
Is this what the Disability Discrimination Act means?
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munroman

Original Poster:

1,904 posts

208 months

Wednesday 23rd December 2009
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I can't help thinking that whilst it must be tough to have a disabled child, the parents have got it totally wrong here, making other kids miss out. Will their same logic apply to sports days?
I am sure that this isn't what the Act's sponsors sought to achieve, I only hope that the kids get their break, the whole thing stinks of sour grapes from the parents.


http://news.bbc.co.uk/1/hi/scotland/highlands_and_...

Legal warning over Inverness school's trip


The school has held the trip to Craggan annually
A school trip for about 70 pupils has been cancelled because of potential legal action over the exclusion of a disabled child in the group.
The stay at an outdoor activity centre in the Cairngorms has been held annually for children at Inverness's Crown Primary.
Highland Council has cancelled the trip to Craggan to avoid the action.
BBC Scotland understands that the child's parents claimed it breached disability discrimination laws.
It is understood they claimed their child would not have been physically able to take part.
An alternative trip to Glasgow has also been cancelled.
A council spokeswoman said: "In the light of legal advice relating to aspects of the Disability Discrimination Act and subsequent amendments, the decision was taken to cancel two trips organised by the school.
"The school has tried hard to accommodate the needs of pupils, but such is the complexity of the legislation governing disability discrimination that the council felt it had no alternative at this stage."
She added: "In the New Year there will be a concerted effort to provide an appropriate out-of-school excursion for all the children."

teapea

693 posts

210 months

Wednesday 23rd December 2009
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Does this mean no school trips will be allowed if there's a disabled child in the year?
Crazy!

BliarOut

72,863 posts

263 months

Wednesday 23rd December 2009
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I can see that kid being really popular. Nice one parents!

Twats!

TheD

3,142 posts

223 months

Wednesday 23rd December 2009
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As if that poor kids life isn't tough enough it sure is hell is going to be worse now...twats

Odie

4,187 posts

206 months

Wednesday 23rd December 2009
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I encounter certain parts of DDA regs (part m etc) on a regular basis and as part of this we are not force to modify any building to follow these regs, but we are obligated too make sure that any improvements or new builds we do follow DDA regs (part m)

I was under the impression that all of the DDA regs was worded in a manner as to put forward that "If its possible to follow the regs then do so, if its impossible then its not an issue"

nonegreen

7,803 posts

294 months

Wednesday 23rd December 2009
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TheD said:
As if that poor kids life isn't tough enough it sure is hell is going to be worse now...twats
Kid will prolly end up severly disabled now punch

Hedders

24,460 posts

271 months

Wednesday 23rd December 2009
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No more PE then?


Piersman2

6,676 posts

223 months

Wednesday 23rd December 2009
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I expect the parents are looking for an angle where they can go along as carers... they'll hold out until it's a trip to Florida that's being arranged.

Selfish tts.

Ganglandboss

8,502 posts

227 months

Wednesday 23rd December 2009
quotequote all
Odie said:
I encounter certain parts of DDA regs (part m etc) on a regular basis and as part of this we are not force to modify any building to follow these regs, but we are obligated too make sure that any improvements or new builds we do follow DDA regs (part m)

I was under the impression that all of the DDA regs was worded in a manner as to put forward that "If its possible to follow the regs then do so, if its impossible then its not an issue"
Correct - you are required to make 'reasonable adjustments'. I wouldn't mind betting that the vast majority of places offering these sort of activities are well equipped to accommodate disabled people anyway. This place in the Cairngorms seems to be able to do so:

http://www.badaguish.org/Pages/AboutBadaguish/The_...


munroman

Original Poster:

1,904 posts

208 months

Wednesday 23rd December 2009
quotequote all
Legal warning over Inverness school's trip


The school has held the trip to Craggan annually
A school trip for about 70 pupils has been cancelled because of potential legal action over the exclusion of a disabled child in the group.
The stay at an outdoor activity centre in the Cairngorms has been held annually for children at Inverness's Crown Primary.
Highland Council has cancelled the trip to Craggan to avoid the action.
The girl's mother Donna Williamson said her daughter was physically unable to take part in the activities planned.
She told BBC Scotland: "She cannot hold a bow and arrow for example, or go kayaking, because she has no upper body strength.

In the New Year there will be a concerted effort to provide an appropriate out-of-school excursion for all the children
Highland Council spokeswoman
"My daughter would have been excluded in that she would have had to stay in the centre while all the kids went off to do the activities.
"When she wasn't in the centre she would have been asked to film them kayaking and doing the things she would love to do but she cannot do and I thought that was psychologically a pretty cruel thing to ask a child to do."
Another parent at the school, Donald Mackenzie, said he was worried the situation could lead to other activities such as music lessons being stopped.
He said there had be a "little bit of give and take" and the activities the children had expected to take part in were not themselves wrong.
Danny Alexander, Liberal Democrat MP for Inverness, Nairn, Badenoch and Strathspey, said he hoped the trip could still go ahead.
He said: "I think it is very sad that the Disability Discrimination Act has been interpreted in this overzealous way by Highland Council given the efforts that the school made to make reasonable adjustments to the trip."
'Tried hard'
An alternative trip to Glasgow has also been cancelled by Highland Council.
A council spokeswoman said: "In the light of legal advice relating to aspects of the Disability Discrimination Act and subsequent amendments, the decision was taken to cancel two trips organised by the school.
"The school has tried hard to accommodate the needs of pupils, but such is the complexity of the legislation governing disability discrimination that the council felt it had no alternative at this stage."
She added: "In the new year there will be a concerted effort to provide an appropriate out-of-school excursion for all the children."


Oh Donna, don't be such a selfish tt! If you think watching the other kids get activities was 'psychologically a pretty cruel thing to do', its not half as bad as to what you have done to her now, I suspect she will not be the best liked child in class.

Let's hope no other kid gets better grades than her either, that will probably be another threatened court case!

Halb

53,012 posts

207 months

Wednesday 23rd December 2009
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On the face of it this does seem incredibly selfish on behalf of the parent? I wonder what the child thinks.

Edited by Halb on Wednesday 23 December 23:21

tegwin

1,682 posts

230 months

Wednesday 23rd December 2009
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Yup... that sounds about right....


We also have the issue now in schools where you have to be totally inclusive... IE, any trip has to be affordable by all regadless of situation..

Which either means the trip has to be heavily subsidised by the school or you have to go somewhere super cheap instead...

Schools are unwilling or unable to subsidise trips... so young people are missing out on field trips, educational trips abroad etc...these trips are vital to help young people grow aspirations and motivate them in the classroom....


and dont even get me started on the Health and Safety issues with school trips and the lack of support schools give their staff when running trips....

massivemoto

352 posts

196 months

Wednesday 23rd December 2009
quotequote all
This is most likely to be the Parents Charter introduced by Margaret Thatcher, rather than disabilty discrimination law. It states the every child has entitlement to an education suitable to his/her needs. In this case the school trip plainly does not suit the needs of only one child. The implication is that the activity is unsuitable for the school's intake, or the child is in the wrong school. Either way, the problem should have been flagged up before it got this far.

AndrewW-G

11,968 posts

241 months

Wednesday 23rd December 2009
quotequote all
massivemoto said:
This is most likely to be the Parents Charter introduced by Margaret Thatcher, rather than disabilty discrimination law. It states the every child has entitlement to an education suitable to his/her needs. In this case the school trip plainly does not suit the needs of only one child. The implication is that the activity is unsuitable for the school's intake, or the child is in the wrong school. Either way, the problem should have been flagged up before it got this far.
No, the article quite clearly has a quote from the council stating that it was due to the DDA, it's got fk all to do with Barones Thatcher.

eharding

14,648 posts

308 months

Wednesday 23rd December 2009
quotequote all
AndrewW-G said:
massivemoto said:
This is most likely to be the Parents Charter introduced by Margaret Thatcher, rather than disabilty discrimination law. It states the every child has entitlement to an education suitable to his/her needs. In this case the school trip plainly does not suit the needs of only one child. The implication is that the activity is unsuitable for the school's intake, or the child is in the wrong school. Either way, the problem should have been flagged up before it got this far.
No, the article quite clearly has a quote from the council stating that it was due to the DDA, it's got fk all to do with Barones Thatcher.
hehe

I think we have established a new fundamental law of PH physics.

Now matter what the problem, not matter how outlandish or bizarre, the thread dealing with it will, at some stage, encounter a posting by massivemoto attempting to blame it on Thatcher.

ninja-lewis

5,268 posts

214 months

Wednesday 23rd December 2009
quotequote all
The Press and Journal has a bit more from the mother:

said:
“School and society is supposed to be inclusive to any minority group.

“My child has been excluded before and this time we need to take a stand and show that disabled children are not worth less than other children.

“By allowing the school to exclude her, it is sending out a message to children that it is perfectly acceptable to exclude minority groups. We all have a responsibility to minority groups.

“I refuse for one second for my child to think she is worth less than anybody else.”

Read more: http://www.pressandjournal.co.uk/Article.aspx/1537...
Sounds like this isn't the first time - makes you wonder whether the school took their responsibility under the DDA seriously or just organised unsuitable activities anyway in the expectation that the disabled child would just have to exclude herself. If that's the case, I can see why the family are putting their foot down.

deevlash

10,442 posts

261 months

Wednesday 23rd December 2009
quotequote all
FFS, shes fking disabled, of course she cant fking do some things. Absolutely fking ridiculous. I was st at football, I was therefore excluded from the school football team, should they have banned the football team for fear of upsetting me? This woman is a moron and her kid will now be universally hated by the other kids.

AndrewW-G

11,968 posts

241 months

Wednesday 23rd December 2009
quotequote all
deevlash said:
FFS, shes fking disabled, of course she cant fking do some things. Absolutely fking ridiculous. I was st at football, I was therefore excluded from the school football team, should they have banned the football team for fear of upsetting me? This woman is a moron and her kid will now be universally hated by the other kids.
I spot the opportunity for a compensation claim here biggrin

Pesty

42,655 posts

280 months

Wednesday 23rd December 2009
quotequote all
ninja-lewis said:
Sounds like this isn't the first time - makes you wonder whether the school took their responsibility under the DDA seriously or just organised unsuitable activities anyway in the expectation that the disabled child would just have to exclude herself. If that's the case, I can see why the family are putting their foot down.
Its sad but the girl is dissabled but it is not the fault of the other pupils. why should they be dissadvantaged by not going on the usual outing that I'm sure they would enjoy?

dissabled children upset me as much as anybody and I really feel for the parents wanting the best but there has to be a point where you have to accept the situation the young girl is in.

Difficult and sad as that may be. If that cannot be done then maybe she is in the wrong school.


"She cannot hold a bow and arrow for example, or go kayaking, because she has no upper body strength.

"My daughter would have been excluded in that she would have had to stay in the centre while all the kids went off to do the activities.

"When she wasn't in the centre she would have been asked to film them kayaking and doing the things she would love to do but she cannot do and I thought that was psychologically a pretty cruel thing to ask a child to do."





said:
In the New Year there will be a concerted effort to provide an appropriate out-of-school excursion for all the children
she has no upper body strength. so teh rest of the kids will do what excactly?

Edited by Pesty on Thursday 24th December 00:01

massivemoto

352 posts

196 months

Thursday 24th December 2009
quotequote all
eharding said:
AndrewW-G said:
massivemoto said:
This is most likely to be the Parents Charter introduced by Margaret Thatcher, rather than disabilty discrimination law. It states the every child has entitlement to an education suitable to his/her needs. In this case the school trip plainly does not suit the needs of only one child. The implication is that the activity is unsuitable for the school's intake, or the child is in the wrong school. Either way, the problem should have been flagged up before it got this far.
No, the article quite clearly has a quote from the council stating that it was due to the DDA, it's got fk all to do with Barones Thatcher.
hehe

I think we have established a new fundamental law of PH physics.

Now matter what the problem, not matter how outlandish or bizarre, the thread dealing with it will, at some stage, encounter a posting by massivemoto attempting to blame it on Thatcher.
Sorry no. The Parents Charter was an important and very positive piece of legislation, which led indirectly to such conditions as Autism being recognised. This may be DDA, but without the Charter there'd be huge loopholes when it came to enforcement (as mentioned in some previous posts). At school age the charter is what gives DDA teeth.
If we have established anything, it's the political paranoia of some of the less open minded Tory supporters who's posts are unpostable without insult and censorship for profanity.