Indirect discrimination

jonesrem4

Hello Everyone! Im Remmie!
My son is 5 years old and is in a specialist school.
Hes been going for over a year and we've had nothing but problems but most weve been able to sort but this one I dont think we can. We had access to a parking spot due to my son having a blue badge.
We had a video call meeting on Monday and was told by the early years leader that my son should not use a disabled spot because he doesn't have a wheelchair. I thought that was bad enough to hear but then the headteacher emailed me and stated the same thing this morning. My son has a blue badge due to having hyper Mobility, tip toe walks, muscle wastage in his hips and also no spacial aware.
I'd love some advice on what I should do. Because I'm so upset about this comment been made. My son also came home last Wednesday very upset and when I changed him I found a purple coloured scratch down his arm, I was given no explanation or incident report about this. He had a vest, polo top and sweatshirt on so he must of been grabbed aggressively.
Thank you for reading. Any help would be appreciated

janer1967

Hi and welcome to the community

I would go back to the school and ask if him using thr parking spot is stopping a wheelchair user using it, but also enforce that as he has a blue badge this permits him to ark in a disabled spot and that blue badges are issued for disabilities that dont require a wheelchair

I would also discuss this with the school govefners and ask for the school policy on disabled parking

jonesrem4

There's 4 disabled spots and 9 times out of 10 ive only ever seen one other one been used since he started over a year ago. They have both stated he shouldn't use it because he doesn't have a wheelchair not because he's taken a spot. Im sure they can't discriminate like that.

janer1967

I am sure that they cant as well , you might want to get some advice from CAB or welfare rights or maybe a higher authority in the school like I said the governers or the academy 

jonesrem4

Thankyou I will get on with that now 

gabriel336

hi there! I’m so sorry to hear that and the parking is totally unacceptable and petty! As for your beautiful son I don’t know what to advise you other that record date and document every incident. Take a photo of the scratches. I wouldn’t bother with the school itself I would go to the education authority or similar? Good luck my heart goes out to you xx

jonesrem4

Thankyou so much! We took photos straight away so we have them to hand. It seems like its a personal attack on us. I'll get on with contacting them thankyou 

gabriel336

Ps just as a thought there is a free complaint website called “resolver” 
It is really good it’ll help compose the correct points you need to address in the letter send it to the right person/authority keeps all correspondence from you and the other party. Also will take your complaint to the highest level. Please try it at least the issue can’t be brushed under the carpet. Xx

chiarieds

Hi @jonesrem4 - I'm very sorry to read about the problems with your son's school, & their lack of awareness about Blue Badges. I can also appreciate why your son needs one as I have hypermobility (the hypermobile type of Ehlers-Danlos Syndrome).

Personally I feel I would reply to the headteacher's email saying you're puzzled why it's thought a Blue Badge space should only be used by a wheelchair user. Then say that in your son's case he has a Blue Badge as he is in receipt of the higher rate of the mobility component of the Disability Living Allowance, & give reference to this government website: https://www.gov.uk/government/publications/blue-badge-can-i-get-one/can-i-get-a-blue-badge

Then say you hope that they will reconsider their position, which you would like in writing, & feeling assured that this can be resolved in an amicable way, in the meanwhile you will continue to park in a designated disabled bay at the school.

If you want you could give reference to the Equality Act 2010. See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

This does state on p.48 that, 'The effects of impairments may not be apparent in babies and young children because they are too young to have developed the ability to carry out activities that are normal for older children and adults. Regulations provide that an impairment to a child under six years old is to be treated as having a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have a substantial and long-term adverse effect on the ability of a person aged six years or over to carry out normal day-to-day activities.'

I don't think I'd use that as yet, but if you do, I wouldn't mention the relevant section, just let them be hopefully daunted by a 58 page document!

Just some thoughts, which I hope may help. Please do let us know how you get on.