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Blind student’s exclusion complaint upheld

The Workplace Relations Commission (WRC) has upheld a complaint made by a blind secondary-school student who was excluded from the Summer Provision Scheme.

FLAC (Free Legal Advice Centres), which represented the student, has welcomed the decision in the case, which was taken under the Equal Status Acts against the Minister for Education.

The Summer Provision Scheme is an administrative programme where students with additional needs may access educational supports during the summer holidays.

The WRC ordered the Department of Education to pay the student €5,000 in compensation.

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Sinéad Lucey (FLAC managing solicitor) described the decision of the WRC as “a testament to the bravery and resilience of our client and his mother and advocate, Eithne Walsh”.

Lucey said that the decision also included some important legal findings.

“The minister argued that the WRC could not hear complaints about Government policy decisions or the allocation of resources. These objections were rejected by the WRC adjudicator.

“The WRC’s ruling firmly establishes that a public body cannot rely on a claim that its actions involve decisions on spending public funds to justify a form of discrimination,” she stated.

FLAC also welcomed a recent expansion of the Summer Provision Scheme to include blind secondary-school students.