Bexhill mum wins discrimination case after school excludes disabled daughter

Mandy Mattingley brought her case against St Mary’s Special School and College, run by The Talking Trust, after daughter Ellie-Mae was excluded in July last year.

A tribunal was recently held and the panel ruled that the school had discriminated against the teenager.

In a published ruling, seen by the Observer, the panel said: “The Talking Trust discriminated against Ellie-Mae Mattingley for reasons arising from her disability when she was permanently excluded from St Mary’s College in July 2019.”

In reaching its decision, the panel also said the school ‘failed to make a reasonable adjustment to assist her (Ellie-Mae) by providing support’.

The panel said: “Immediate exclusions are rare and drastic steps to take to be used only in the last resort. We have heard and seen no justification for resorting in the last week of term to such a damaging step.

“There was no question of any risk to other pupils, or staff, from Ellie-Mae’s continued attendance, and if Ellie-Mae continued not to attend, at least there would have been time for work with her to be attempted, and for her to reflect on the consequences of not returning.

“Although the school had a legitimate aim, the means adopted to achieve it were wholly disproportionate.

“Ellie-Mae’s permanent exclusion was a serious and damaging act of disability discrimination.”

The panel at the tribunal said the ‘absence of support’ for Ellie-Mae in the weeks before the end of term was ‘likely to have contributed to (her) acute anxieties over the proposed changes to her education’.

Mandy said: “My daughter was devastated to be given just two days notice to leave St Mary’s Special School and College through no fault of her own.

“Their reason was disliking my emails to them, informing them of how upset and anxious my daughter was and that she was not receiving her therapy.

“I’m relieved St Mary’s Special School and College has been found to have discriminated. I hope they remember the Equality Act must be adhered to.”

She added: “My daughter is now very happy in a new and caring college.”

The Observer contacted St Mary’s Special School and College, which said it could not comment about individual cases.

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