Bias claim resolved

Parents sued school

GOLD Coast parents who sued a Catholic primary school claiming it discriminated against their disabled daughter because of her crippling anxiety have settled their claim for a confidential payment outside of court.

Federal Court Justice John Reeves yesterday ordered that the court approve the settlement deal set out in a confidential affidavit by lawyer Phuong Nguyen.

School girl Savannah Brindle’s share of the settlement payout must be paid to the Public Trustee “within 45 days” for “her educational and development needs”, Justice Reeves ordered.

The settlement came seven months after parents Jodie and Glen Brindle sued Brisbane Catholic Education (BCE), which runs St Kevin’s Catholic Primary School in Benowa, seeking $184,000 in damages, including the costs of homeschooling their 11-year-old daughter Savannah, according to their revised statement of claim filed on November 5.

Mrs Brindle claimed Savannah went to the school until November 2017 but couldn’t return after November 7 when BCE allegedly terminated special allowances made for Savannah’s mild cerebral palsy and “end of school anxiety”. Her disability meant she had learning difficulties, trouble telling time and became anxious about being abandoned at the end of the school day, the claim states.

The school had previously allowed Savannah to finish school 15 minutes earlier than other students and be picked up from the school office where she could play with a tablet computer rather than wait in the playground.

In their defence filed on November 30, BCE denied it discriminated against Savannah and asked the court to dismiss the compensation bid.

BCE denies teachers or the principal at St Kevin’s have breached the Disability Discrimination Act, and argues Savannah had “considerable absenteeism”.