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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I am successful with a DDA tribunal against my childs school

Resolved Question:

If I am successful with a DDA tribunal against my child's school for their failure to provide for her, would I then be able to claim compensation at a county court?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I don't mind waiting a day or two for a reply.

Customer:

Fine to wait a day or two for a reply.
I am currently taking my disabled daughter's school to a Disability Discrimination Tribunal case for their long term failure to provide for her needs as set out under the terms of her statement of special educational needs. Our unhappiness with the school was recently backed up with an Ofsted report that highlighted the schools general failure to provide for disabled children well. Since then, we have been offered mediation by the solicitors - I think they want to keep it out of court as I think we have a very good case backed up with lots of evidence. We have also been thinking about compensation if we go to mediation. What I really want to know is this: If we go to the full court hearing and are successful, can we apply to the county courts afterwards for compensation in this sort of case? Thank you

Customer:

By the way, we don't have a solicitor - simply can't afford it as I only work part time because of my child's needs. The school do have solicitors.

Alex Watts :

I see my reply did not show although I typed this!

Alex Watts :

Yes - if you win then you can take a County Court claim against the school under what is now the Equality Act.

Alex Watts :

Once you have a finding from the Tribunal you can bring a claim.

Alex Watts :

But if you do not have a Solicitor you need to make sure a claim is under £10,000 to be a small claim where you do not need legal representation.

Alex Watts :

You can issue a claim online at: www.moneyclaim.gov.uk

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your reply - no, it didn't show the first time. I am pleased to hear that we would have that option and certainly wasn't thinking of a sum in excess of 10K despite how bad the school have been. The school's solicitors have mentioned compensation as part of mediation - I feel as if they are trying to 'buy' us out of going to court. Now I know that we have the option to go to court and also look for compensation if we win, I feel more strongly that we should go to court. It sounds awful to ask for compensation but they have made my lovely child's life a complete nightmare and we have all really suffered because of it. Thank you for your advice.

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