The Workplace Relations Commission has found that a primary school’s refusal to allow a former pupil with cerebral palsy to bring his assistance dog into the classroom constituted discrimination on the grounds of disability.
The disability charity, Irish Dogs for the Disabled provided a specially-trained golden retriever to Luke Kelly-Melia when, aged 12 a deterioration in his health condition caused him to have increased problems with stability, following a growth spurt.
Luke’s parents attended a series of meetings with the school’s principal in order to discuss their son’s condition and the use of the mobility aid in the school. While members of school staff initially expressed support for the assistance dog, the principal later approached the boy’s mother stating that he was not prepared to allow admission of the animal into the classroom. He maintained that the family would need to apply for permission to the school’s board of management.
The case is believed to be the first of its kind involving an assistance dog in a school. It was heard before the Workplace Relations Commission last July but the decision has only been published last week. The ruling held that the school must redraft its policies in order to ensure compliance with the law on discrimination. It was further suggested that a disability consultant be appointed to revise and implement any such amendments.
Equality officer for the commission, Orlaith Mannion, held that the school in this case had taken an “obfuscating and closed-minded approach to the request.” She continued that although the school were entitled to ask questions regarding the assistance dog, the law requires an educational establishment to take all reasonable steps to accommodate the needs of a person with a disability. Failure to do so will result in a finding of discrimination, as has here been established.
Alongside awarding damages of €5,500 to the student, who is now aged 17, the deciding equality officer required the Primary school to report to the Irish Human Rights and Equality Commission (IHREC) on their progress with respect to this decision within one year. Should the school fail to make such a report, IHREC may, with the consent of the complainant family, apply for an enforcement order to the District Court.
The decision is available here.
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