Campbell Smith LLP secures landmark legal decision on right to bring assistance dogs to school
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Philip Symon
Campbell Smith LLP has celebrated a recent First Tier Tribunal decision (Additional Support Needs) in which it was found that a local authority had discriminated against a young person for refusing to allow them to be accompanied by an assistance dog in school for a few hours per week.
The young person was neurodiverse and had physical mobility issues. It was argued by litigation partner Philip Symon that, but for the presence of the assistance dog, the young person would be prevented from enjoying any mainstream in-person schooling.
The authority maintained that use of an assistance dog within the school premises was not a “reasonable adjustment” in terms of section 21 of the Equality Act. The authority further contended that there were other alternative adjustments that could be afforded to the young person to allow some in-person schooling.
The authority had also set out a list of “approved” training providers limiting any prospective applicants whose dog trainer and handler fell outwith the authority’s criterion. However, the tribunal found that the local authority had adopted a criterion which resulted in a “blanket rejection” of any other providers which might be used in the context of an assistance dog application.
It was significant that the tribunal found that the authority had not undertaken a proper risk assessment in respect of the family’s chosen training provider and therefore were not in a position to justify their exclusion from the list. The claimant also led evidence from their training provider in order to show that they provided a high level of training and ought to be regarded as an approved provider in terms of the list.
The decision marked the culmination of a nearly three-year struggle by the family to show that their request for their child to be accompanied by an assistance dog at school for a limited number of hours each week was a “reasonable adjustment”.
Mr Symon said: “This was a landmark legal decision which will help to pave the way for other young people who are neurodiverse or have physical mobility issues to be better able to secure the benefit of an assistance dog whilst attending school.”
The tribunal ordered that the authority issue a written apology to the young person and also remitted the decision back to the authority to consider the request anew.
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