Deaf pupil wins legal fight for sign language interpreter in class

Niamdh said: “Deaf children are eight times more likely to leave school with no qualification and that shouldn’t be the case because deafness is not a learning disability. We are able to learn, we are able to achieve anything.”

Early last year in a tribunal, it was ruled that Niamdh was being placed at a “substantial disadvantage” and was “at risk of feeling isolated, withdrawn, unsupported and not listened to” without advanced BSL interpretation.

The ruling also stated that Fife Council’s BSL provision was only up to Level 2 qualification

During the case, Fife Council had argued that there was no spare capacity to assign Niamdh regular input and BSL support without the need to recruit additional staff. The tribunal rejected the complaint.

The tribunal’s ruling said the failure to provide advanced BSL support meant the claimant was “missing things in class and does not know what she is missing”.

Fife Council initially appealed the decision but in December that appeal was rejected.

The local authority has now said it will not challenge the ruling any further.

Fife Council must now provide BSL support at a qualified interpreter level in all of Niamdh’s National Qualifications classes. A recruitment process is under way.

In a statement, Fife Council’s head of education services, Angela Logue, said: “We have been working very closely with Niamdh and her family to meet her needs as identified by the tribunal.”