A boy with a disability did not receive sufficient support to cope with school. Now, the Supreme Court (HD) has ordered Malmö Municipality to pay 20,000 kronor in discrimination compensation. The ruling will have significant implications for many children, believes the boy's legal representative.
The ruling is clear on the issue of the school's responsibility for a child who has not yet received a medical diagnosis, that they are still covered by the discrimination law's protection, says the representative Johanna Ingemarsson.
It is particularly important, she believes, since many children have to wait a long time before being examined and it then takes time to establish a diagnosis.
The HD has found that the boy was subjected to discrimination due to lack of accessibility as he did not receive sufficient support. From the start of school, he had problems with concentration, impulse control and social interaction.
High absenteeism
The school made adaptations, but the problems worsened. In the autumn of 2017, the school conducted an investigation which concluded that he needed special support, but still did not receive it, notes the HD.
The school acknowledges that what they do is not enough, but then nothing more is done for an entire school year, comments Johanna Ingemarsson.
The consequence was high absenteeism and the boy missing out on large parts of his education during the period.
If the Education Act is not followed and this has concrete consequences for the pupil's opportunity to participate in education, it should be seen as discrimination, according to the HD.
The boy did not receive an autism diagnosis until the end of the period in question. Malmö Municipality has argued that the discrimination legislation only applies when such a diagnosis becomes known to the school, but did not receive support for this in the HD.
Not intentional
In assessing the damages, the HD has taken into account that the school's intention was never to discriminate against the boy and that the school took several measures to help him, albeit insufficiently.
The low amount was a disappointment, but it is not about the money for the boy and his family, but about getting confirmation that he was discriminated against, emphasizes Johanna Ingemarsson.
This is not a local problem at one school, we see that this is a national problem that exists in many schools. It affects very, very many.
