Ask the expert
Wednesday, January 19, 2005
Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q I run a small nursery, taking children from the age of two. We have a policy of accepting only children who are potty trained, although we can, of course, deal with the occasional 'accident'. A parent now wants me to accept her three-year-old whose disability means that he is still in nappies. I would like to welcome this child and believe that we can provide appropriate facilities for him, but will I be creating a precedent? Another parent wants me to accept her disabled child who is hyperactive and has a tendency to knock over smaller children. Can I refuse this application?
Q I run a small nursery, taking children from the age of two. We have a policy of accepting only children who are potty trained, although we can, of course, deal with the occasional 'accident'. A parent now wants me to accept her three-year-old whose disability means that he is still in nappies. I would like to welcome this child and believe that we can provide appropriate facilities for him, but will I be creating a precedent? Another parent wants me to accept her disabled child who is hyperactive and has a tendency to knock over smaller children. Can I refuse this application?
A You have a legal duty under the Disability Discrimination Act 1995 to make 'reasonable adjustments' to ensure that disabled children are not unnecessarily excluded from your nursery. It is reasonable to require most children to be potty trained on admission. However, where the lack of potty training is caused by a disability, you cannot exclude the child unless you can show that such treatment is justified. This might be the case if you cannot reasonably provide any facilities for nappy changing. However, as you can, you should accept this child. This should not affect your general policy.
Again, if the second child's behaviour is caused by his disability, you need to make reasonable adjustments that would allow him to attend - for example, providing extra supervision. If you are really unable to make reasonable adjustments, you will need to show that the child is an unacceptable risk to other children before you can turn down the application. You will be discriminating against that child and you will need to demonstrate that the discrimination is justified.
* The advice given in this column is for guidance only. Nursery World readers should not place reliance upon it or take action without obtaining further advice relating to their specific and individual circumstances.
Contacts
Christine Betts
* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
Nursery World
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