Mum To Sue Primary School For Excluding Her Wheelchair-bound Son From Swimming Class

A mother is planning to sue a primary school after her son who is wheelchair-bound has been told he can’t join in on swimming lessons because of health and safety fears.

Mum Nadine Leighton, from Crowborough in East Sussex, UK was outraged when she learned that her eight-year-old son, Tristan has been told he has to sit out while his peers had swimming lessons as part of the PE programme at Ashdown Primary School in Crowborough, East Sussex.

She explained that her son, who was born at 27 weeks and had bleeding on his brain, has a form of cerebral palsy called spastic dipelgia, which means he has to cope with frequent spasms and muscle tension. The condition affects the movement and coordination of the arms, legs, and other body parts. Tristan uses a wheelchair but also spends time each day in a walker to help strengthen his core.

Mrs Leighton said that Tristan is being discriminated against and argues that her son would benefit hugely from the swimming lessons.

“Tristan loves swimming and he is sat in a classroom without his friends.

“He gets pain and spasms and swimming is the best exercise for him as he is free of all his contraptions.

“The pool is at his school and is used by other schools and for private lessons. It is used by a lot of people which in my mind makes even more sense for them to spend the money,” she said.

Mrs Leighton said that since the incident, she had been corresponding with East Sussex County Council about making improvements to the pool, which does not have wheelchair access and is not fitted with a hoist.

The local authorities say they would spend £30,000 ($50550) to construct the building and pool accessible for Year 3 pupil Tristan, including installing a ramp and a hoist, but claims that they lack funds to carry out the work.

However, Mrs Leighton did not accept their reason. “They told me they have sought legal advice in connection with the Equality Act and that it is not a ‘reasonable adjustment’. In 2016 we have laws in place to protect vulnerable people but it seems they’re trying to find a loophole. But I’m not going to stop. We are now thinking of taking legal action,” she said.

Mrs Leighton, nevertheless, said the primary school have been amazing in supporting Tristan, where he has a full-time individual needs assistant, but accuses the county council of ignoring his rights. She added:

“He is being discriminated against because he is in a wheelchair. I am not a righteous sort but justice and fairness is such a big thing to me and when it is about vulnerable people or groups, I can’t stand it.

“There is a boy who has just started in reception class at the school who also has cerebral palsy. He will face the same problems as Tristan,” she said.

Mrs Leighton said she has also contacted Wealden MP Nus Ghani but is still awaiting for a reply.

An East Sussex County Council spokesman said: ‘We completely understand and appreciate the concerns raised by Mr and Mrs Leighton about access at the school. We have installed a stair step lift to allow Tristan to manage the stairs in the main access corridor at the school. For any additional specialist equipment, the cost would normally be borne by the school but we have made an exception in this case and paid for a standing frame to help Tristan.”

Source: Dailymail.co.uk