Girl loses pupil restraint case

A girl with special educational needs who was repeatedly restrained by school staff has lost a discrimination case.

Lawyers for language-impaired Jade Chambers, seven, from Leighton Buzzard, said use of force was discriminatory as it resulted from her disability.

But a tribunal in London upheld Bedfordshire County Council's case that Jade had been restrained because of behaviour problems not her disability. The Disability Rights Commission is considering whether to back an appeal.

Jade was taught at mainstream Heathwood Lower School in Bedfordshire, before her mother discovered a year ago that staff had been restraining her in lessons. She withdrew her from the school. Lawyers acting for the seven-year-old argued that the repeated use of force amounted to discrimination because it had come about as a result of her special educational needs.

They also argued that the girl, who was eventually taught in a separate unit mainly by two nursery nurses, suffered discrimination because she was denied access to the full opportunities of the school. But the school has said it always acted in Jade's best interests and did not act inappropriately. Bedfordshire County Council's cabinet member for education, Rita Drinkwater, said she was delighted the tribunal dismissed the claim.

"Bedfordshire County Council has always tried to provide the very best possible care and support for Jade," she said. "A number of unpleasant allegations were made about Jade's treatment at one of our schools and I would like to put the record straight. Heathwood Lower School is a safe and caring school with teachers and staff that are highly committed to the children in their care."

Jade's mother, Michelle Chambers, said she was considering appealing against the ruling in the High Court. "What this ruling says and what we can reflect on is that there is nothing to protect children. All this can happen to a child and it's absolutely OK," she said. Lawyers for the Disability Rights Commission are now looking at the detail of the ruling to assess whether there is a case for appeal.

Mrs Chambers first discovered her daughter was being restrained by staff when a fellow parent told her she had seen her being pinned down on a beanbag. The school denied this, she said, but after her daughter's trousers were ripped one day she received a message from the school offering to pay for them. This made her suspicious and a Freedom of Information request revealed records of around 45 separate incidents in which restraint had been used by teachers and school staff on Jade in a six week period in early 2006. A separate tribunal later in the month will decide where Jade is to be educated in the future.