A mother who claimed she was discriminated against by the management of a special needs school because she was a Traveller has been awarded €4,000 by the Equality Tribunal.
Nora Faulkner told the tribunal that, in November 2002, she was told by a psychologist that her son's learning difficulties would require him to enrol in a special needs school. The psychologist said he would send a letter of recommendation to the principal of St Ita's and St Joseph's School in Tralee, Co Kerry, asking that he arrange to meet Mrs Faulkner and her son.
Having heard nothing for several weeks, Mrs Faulkner decided to contact the school principal, Oliver O'Connor. She alleged that when she telephoned to explain the situation, Mr O'Connor started "roaring down the phone" at her, saying he would not give her son a place. She added that the verbal abuse she received from Mr O'Connor was such that she was too upset to pursue the matter further.
Some months later, Mrs Faulkner said, she tried to contact Mr O'Connor again but was told he was not available to talk to her. Mrs Faulkner's son has been out of school since 2002 on account of his failure to gain admission to St Ita's and St Joseph's School, she said.
The school's principal, Mr O'Connor, said the school had catered for many Traveller children in the past and that all parents were treated equally. He described their telephone conversation as "polite" and said that Mrs Faulkner gave no indication that she was upset.
The school's authorities originally told the tribunal that they had only become aware of the psychological assessment when a copy was supplied to them by the tribunal in 2005. However, after the hearing, the tribunal received correspondence from TJ Barry, the current principal, stating that the report from the psychologist had been found in a school file.
In upholding the complaint, the equality officer said he "must presume . . . that Mr O'Connor did, on the balance of probability, receive the assessment but chose to ignore the request that he contact Mrs Faulkner". He found it very difficult to accept Mr O'Connor's account of his conversation with Mrs Faulkner, and concluded that "it was probably Mrs Faulkner's Traveller identity that prompted Mr O'Connor not to make contact with Mrs Faulkner, contrary to the psychologist's recommendation".
Separately, the tribunal upheld a complaint made by two Travellers who alleged they had been discriminated against when refused service in a public house in 2001.
John and Mary Maughan said they had entered the Humbert Inn, Castlebar, Co Mayo, on the evening of November 20th, 2001, but were refused service.
The equality officer ruled that the decision to refuse service "was based solely on the fact they are members of the Traveller community". Licensee John Connaughton was ordered to pay Mr and Mrs Maughan €500 each.