THE family of a disabled primary school pupil from the Western Isles has finally won a three-year fight to persuade the local council to provide an accessible school bus to which he was legally entitled.
Ten-year-old Jonathan Graham has muscular dystrophy, which meant he was unable to climb the steps of his school bus. However when his mother Yvonne Graham requested that Western Isles council – Comhairle nan Eilean Siar – provide an accessible alternative in June 2015, she was told the council had nothing available, despite its obligations under the Equality Act.
Jonathan had to be taken to school separately by his parents, and alternative transport arranged to take him to swimming lessons and school trips. Though the council had buses without steps in its fleet it argued they were needed for public routes.
Reports by occupational therapists working with the family claimed that separating Jonathan from his school friends to travel to school and swimming lessons was affecting his confidence and made him feel isolated, which impacted on his overall education. Even school trips became stressful because the primary pupil was constantly worried about how would get there.
Mother Yvonne Graham said that her son had found it upsetting that due to muscle weakness, he was not able to climb the steps of the coach style school bus.
“We mentioned it to his physio who said he should be able to get the bus,” said his mother. “The council has low level buses as well as coach style buses and when the occupational therapist tried to find an accessible one for us, the local authority said one was not available. They said that the high buses had lifts fitted but they didn’t.
“Nobody had ever treated him as different before and it upset him. He was angry towards the end and getting sick of the whole thing. It was very stressful. The council really dug in its heels.”
Despite ongoing attempts to address the situation, the council refused to change the bus, offering Jonathan a taxi, which his mother said was not only unsuitable as his legs had to be lifted in and out of the car, it also meant he still could not travel with his peers.
Graham secured the help of an advocacy service, who then put her in touch with an educational lawyer. He raised a discrimination case at the Additional Support Needs Tribunal for Scotland (ASNTS) arguing that the council had not met their reasonable adjustment duty, which was funded by the Equality and Human Rights Commission (EHRC) Scotland
Finally, with the case due to be heard, the council agreed to change the school bus routes and provide a mini bus with a lift at the back, that since August has taken Jonathan to school with his fellow pupils.
“It’s made a big difference,” says Graham. “It’s crazy that it took three years. But I’m glad that we have finally found a solution to this problem which allows Jonathan to be fully part of the schools life.
“I am frustrated that we ended up having to go to the tribunal to get a resolution and that we weren’t able to persuade the council to do what is right. I just worry that other parents who are facing the same bureaucracy as I did might just give up and accept what was a second class service.”
Lynn Welsh, head of legal at EHRC Scotland said the case was an important reminder to local authorities – particularly those in rural areas – of their duty to provide accessible school transport for disabled pupils.
“While we are pleased the local authority has now settled this case, we are disappointed that this could not have been resolved informally without the need to resort to legal action,” she added.
‘The local authority has a fleet of accessible buses, so this pupil and his family should never have been forced to take this action or indeed have had to wait so long for the issue to be resolved.
“Unfortunately Jonathan has learned at an early age that some people will treat him differently because he is disabled. That’s not the lesson that a young disabled people wants to hear. Surely in 2018 he has a right to expect equal treatment.”
A spokesman for the Comhairle nan Eilean Siar said: “We negotiated a settlement and it has now been resolved to the satisfaction of both parties.”
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