Jacob, a child with Down Syndrome, enjoying a family holiday and browsing in shops, like any other 5 year old child wouldJacob looking at books and watching TV at age 6 years - Down Syndrome doesn't stop normal development, but social attitudes do. - Jacob, a baby with Down Syndrome - Jacob at one year of age

When Can You Sue The School?

When can you sue the school for harming your child?

When a lawyer can see dollars being won in the case, that’s when suing maybe viable, but don’t expect it to be an easy ride:

One school principal reported a parent to the child protection agency because the child was suicidal and alleged it was due to parenting, but in fact the real reason why the child was suicidal, was because of the abuse she was receiving in the school, but to try and avoid any liability, the school used their influence to blame and punish the mother by using the child protection agency against her.

How do lawyers know when the dollars are likely to be there?

Often when the child has suffered permanent damage of some sort. For example if a child became  permanently housebound because of the abuse from the school,  it would have severely hampered the child’s ability to live a normal life.

So, if you came here from our page “Schools abusing kids with intellectual disability“, although William and every other child with intellectual disability that I know of in mainstream schools have been significantly abused by said schools, a class action is not apparently viable because of the lack of clear permanent damage.

One of the further atrocities for those with intellectual disabilities, is the fact that loss of income is a key determiner in payouts.  People with intellectual disabilities mostly have sheltered workshops and lower paid occupations as their future prospects, so not being able to perform in these areas carries very little in compensation from what I understand.  Don’t misunderstand, it would still most like be worth suing schools if your child cannot recover from the abuse.

Finally, as a parent, you do have the obligation to protect your child’s financial future, and if that means suing the school, then you cant just turn your back on it without considering it.

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