MrMoran Posted September 6, 2011 Share Posted September 6, 2011 The right to an education. Does anyone here know about this part of the human rights act? If so id love some advice. Thanks Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted September 6, 2011 Share Posted September 6, 2011 Protocol 1 : Article 2 gives you: Right to education No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. It's hard to know what you want without any explanation. Link to comment Share on other sites More sharing options...
MrMoran Posted September 6, 2011 Author Share Posted September 6, 2011 Ok, this is as much as i can say as the child in question isnt mine but a relatives. They have a boy aged 13 who has had pretty bad special needs and has done since birth. A **** up during delivery starved him of oxygen and they almost lost him. He has been going to a mainstream school for the whole of hisschool life and he isnt fitting in well at all. The parents want aspecial school but the LEA are dragging their heals and have done for years. On a purely educational level its damaging the boy but on a wider level the LEA is stopping the mum get a job as her son only does 5 half days at school dispite the parents attempts to get him in full time education. It also costs the parents money they cant afford with the extra trips to and from school, the exta they have to spend on educational toys and entertainment and as host of other things that on their own arent an issue but added together make for a difficult time for the whole family. Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted September 6, 2011 Share Posted September 6, 2011 That isn't a human rights issue really. Human Rights around education means that a child can go to school, not that he can go to a particular school, and that if you want your children to learn that the Loch Ness Monster coughed up the human race then nobody can stop you teaching that. This is more of an issue around the educational authorities, and thus I am useless. Link to comment Share on other sites More sharing options...
MrMoran Posted September 6, 2011 Author Share Posted September 6, 2011 That isn't a human rights issue really. Human Rights around education means that a child can go to school, not that he can go to a particular school, and that if you want your children to learn that the Loch Ness Monster coughed up the human race then nobody can stop you teaching that. This is more of an issue around the educational authorities, and thus I am useless. Fair enough, but the way i see it the LEA are preventing him from having an education by cutting his school days in half and not letting him mix with other children. He spends his half day at school in something called a TLC suite where he is soooooooo miserable its unreal. The UK now has legislation prohibiting discrimination on the grounds of race, religion and belief, sex, sexual orientation and transgender status, disability and age. The school are segregating this boy due to his condition and disabilities which to me is discrimination. Link to comment Share on other sites More sharing options...
ukstudent Posted September 6, 2011 Share Posted September 6, 2011 Ok, this is as much as i can say as the child in question isnt mine but a relatives. They have a boy aged 13 who has had pretty bad special needs and has done since birth. A **** up during delivery starved him of oxygen and they almost lost him. He has been going to a mainstream school for the whole of hisschool life and he isnt fitting in well at all. The parents want aspecial school but the LEA are dragging their heals and have done for years. On a purely educational level its damaging the boy but on a wider level the LEA is stopping the mum get a job as her son only does 5 half days at school dispite the parents attempts to get him in full time education. It also costs the parents money they cant afford with the extra trips to and from school, the exta they have to spend on educational toys and entertainment and as host of other things that on their own arent an issue but added together make for a difficult time for the whole family. Surely if the hospital 'cocked up' as you put it the family would have recieved a huge amount of compensation which is to cover the child's extra needs throughout his life? As Chris_Sleeps has already pointed out this isn't a human rights issue it is something that needs taking up with the local authority. Link to comment Share on other sites More sharing options...
MrMoran Posted September 6, 2011 Author Share Posted September 6, 2011 Surely if the hospital 'cocked up' as you put it the family would have recieved a huge amount of compensation which is to cover the child's extra needs throughout his life? Thats exactly what happened. Surely if the hospital 'cocked up' as you put it the family would have recieved a huge amount of compensation which is to cover the child's extra needs throughout his life? Not everyone is fortunate enough to be awarded compensation. As Chris_Sleeps has already pointed out this isn't a human rights issue it is something that needs taking up with the local authority. Been there, done that. The reason for the human rights angle is its a last gasp effort to get their child into some meanigful education. Im no lawyer, hence the question. Link to comment Share on other sites More sharing options...
Conrod Posted September 6, 2011 Share Posted September 6, 2011 . . . The reason for the human rights angle is its a last gasp effort to get their child into some meanigful education. Im no lawyer, hence the question. Is he likely to become employable? If not, then the overall benefit of the experience of 'mainstream' education and life may be of more value to his development than specifics on the academic side. Link to comment Share on other sites More sharing options...
MrMoran Posted September 6, 2011 Author Share Posted September 6, 2011 Is he likely to become employable? If not, then the overall benefit of the experience of 'mainstream' education and life may be of more value to his development than specifics on the academic side. His parents feel he could certainly become employable at some point but the thing with the maistream school is he isnt allowed to mix with the other 'normal' kids. Hes just segregated the whole times hes there. Link to comment Share on other sites More sharing options...
MrMoran Posted September 6, 2011 Author Share Posted September 6, 2011 Could they contact an outside psychiatrist (or is it psychologist, I can never remember) to examine him and, I would assume given what you have said, make a report that the circumstances he is being kept under at school are impacting him negatively. Once you have that and have sent it to the school, if they fail to act you make your case much stronger if it ends up having to be taken to court. This was done 24 months ago and then 12 and finaly 2 weeks before the 6 week holiday. The LEA in their wisdon keep asking for more reports and are keen to "see how he copes" with mainstream school. 2 years of NOT COPING and things getting worse for the lad has done nothing to convince (sp) them they are wrong. Also, contact the relevant MP, with some MPs it has a great effect, with others not so much. Im not sure if they have tried this, ill ask and thanks for the tip. Link to comment Share on other sites More sharing options...
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