The WRC found that a childcare facility discriminated against a child with a disability by failing to do all that was reasonable to accommodate his needs. It ordered €2,000 compensation. The decision by Adjudication Officer Brian Dolan was dated 21 February 2024.
The child’s mother said the facility ended his enrolment after receiving an assessment report and before alternative childcare had been secured. The facility denied discrimination. It said it agreed with the report’s recommendation for a specialised setting and considered a structured routine, a familiar environment and safety concerns in a new room supported ending the enrolment.
The officer found that the facility ended its care while alternative care had been recommended but not secured, and that the decision was communicated without substantive engagement with the mother. He also said removing or replacing items that might pose a choking hazard would not have been a particularly onerous accommodation.
The WRC found that the facility failed to accommodate the child’s needs as a person with a disability under the Equal Status Act. It ordered €2,000 compensation for the breach.