A THREE Towns mum has welcomed a tribunal's finding that North Ayrshire Council neglected its duty of care for her daughter with additional support needs - and claimed that the conduct could have led to the youngster suffering kidney failure.

Council bosses have been rapped for denying toilet access to the Ardrossan Academy pupil, who suffers from spina bifida and hydrocephalus and needs to use a catheter to go to the bathroom every three hours.

Despite her serious health conditions, the pupil took the council to a tribunal herself -  complaining that teachers regularly denied her access to the toilet during lessons.

The youngster also had an alarm on her phone to let her know when she needed to use her catheter – but was repeatedly challenged in class over checking the mobile.

The tribunal also found that staff seemed annoyed at the pupil and questioned her requests.

And they ruled that the girl was repeatedly denied access to a quieter working environment at the school.

Her mum, Lisa, complained numerous times to the school and council after they failed to follow the agreed support plan for the youngster.

She supported her daughter's complaint to the ASN Tribunal, who have now issued their judgement and demanded that the council apologise.

Mum LisaMum Lisa (Image: Contributeed)

Lisa said: “It was my daughter herself who made the complaint to the tribunal. Kids needing additional support should not be treated in this way. The council basically admitted everything at the tribunal. They put their hands up to it.

"If my daughter couldn't go to the toilet at the normal times, there was a chance she could have suffered kidney failure.

"Even at the school's base, which is supposed to be a haven for kids who need it, a staff member asked her if she couldn't hold it in.

“I believe the council are being monitored now. These issues had been going on for some time, including during my daughter’s time at primary school.

“We had meetings with senior council officials before we went to the tribunal. That didn’t go well. They seemed angry that we were even questioning them.

“I took my children out of school because of the issues. They were home educated for a while. The whole thing caused a lot of trauma for my daughter.”

Lisa added: “All I was asking was for our kids to be treated with dignity and respect."

In their findings, the ASN Tribunal said: “The appellant has spina bifida and hydrocephalus. She has neuropathic bowel and bladder. She is incontinent and has only one functioning kidney. She has additional support needs in terms of Section 1 of the 2004 Act.

“Since November 30, 2023 to the end of the school year 2023/24, the appellant has repeatedly been refused permission to leave class to go to the toilet.

“The appellant has been told off for having her phone out in class and told to put it away.

“The appellant has been spoken to by staff in a manner that suggests annoyance with her and challenging her actions, rather than being kind and supportive.”

A North Ayrshire Council spokesperson told the Herald: “We do not discuss the details of individual children.

"The safety and wellbeing of children in North Ayrshire schools is of utmost importance to us and any concerns raised by children or parents, whether directly or via the tribunal, will be taken seriously. 

"The education authority respects the role of the tribunal and will adhere to any findings made.”