Jenny Harrison took the Department of Education to the Victorian Civil and Administrative Tribunal (VCAT), alleging Hobsons Bay Primary School failed to adequately care for and provide learning opportunities for her daughter, Lindsay Sutherland, who has cerebral palsy and is confined to a wheelchair.
Ms Harrison also claimed that both she and her daughter were victimised by school staff.
But VCAT deputy president Anne Coghlan last week dismissed all claims after a hearing that lasted 23 days.
Ms Harrison, who was cross-examined for almost five days, said she was not surprised by the decision but was “bitterly disappointed” nonetheless.
“I’m still getting my head around the explanations in the report,” she said.
“It’s a real indictment on the system, and parents of children with disabilities should be really concerned by this decision.”
Lindsay started at Hobsons Bay Primary School in 2001, and remained there until late 2005 when she moved to Spotswood Primary School.
She is now aged 11 and is still at Spotswood.
Ms Harrison initially lodged a complaint alleging discrimination with the Equal Opportunity Commission in October 2004. This was followed by further complaints in October 2005 and May 2006.
In handing down her decision, Ms Coghlan said she was “not satisfied that any alleged diminished educational outcomes, diminished classroom participation, access to curriculum or impaired socialisation for Lindsay were caused by any of the alleged complaints, rather than difficulties associated with her cognitive and physical impairments”.
Ms Coghlan also questioned Ms Harrison’s role as a witness in the case, saying she was “not impressed” with her performance during the hearing.
“She failed to answer questions in a straightforward manner and held fixed views despite clear evidence to the contrary,” she said.
“I formed the view that she had unreasonable expectations of the school in circumstances where Lindsay had serious disabilities.”
Julie Phillips, from Access Law, who worked with Ms Harrison during the case, said the VCAT decision “should be very worrying for parents of children with disabilities”.
“The decision was very disappointing … it is surprising in this day and age that the department (of education) has such a backward view of what disabled children can and should be able to achieve.
“There seems to be a belief that if a child has a developmental or cognitive delay, they should receive a second-class education.
“It makes a mockery of the Government’s claimed policy of inclusion.”
Ms Phillips said many similar complaints were brought against the Department of Education every year and that cases like this were a “resource and support issue”, and not due to the negligence of individual schools.
A spokeswoman for the Department of Education said the department was reviewing the decision.
Ms Harrison said she was seeking advice about lodging an appeal.
