The parents of a child with autism have filed a judicial protest against the Inspire Foundation claiming discrimination, after the foundation refused to enrol their child in this year’s summer school because there were too many children using learning support assistants.

The couple have two sons, of whom one is autistic and has also been diagnosed with attention deficit hyperactivity disorder, and has been attending the Inspire Foundation’s programmes since he was two years old.

Every summer, Inspire hosts a summer school for children of all abilities, which the two brothers have attended for the last two years.

Last month, the parents were informed by Inspire that applications for this year’s summer school were to open on 30 March, but also informed that in contrast to previous year, children would no longer be immediately accepted into the summer school as soon as the application was filed.

The parents submitted applications for both of their sons on 2 April, but were informed later that day that their autistic son would not be accepted into the school. They were informed that the reason for this was that the foundation was reducing the number of spaces for children with disabilities because there were too many children assisted by learning support assistants in class.

On 21 April, they were informed that their other son had been accepted.

The couple felt aggrieved by Inspire’s decision, pointing out in their protest that the foundation was explicitly set up to help and educate people with disabilities.

They argued that while children without disabilities had no shortage of choices when it came to choosing summer schools, children with disabilities had very few options.

The couple maintained that Inspire’s behaviour constituted discrimination on the basis of disability, noting that the UN Convention on the Rights of Persons with Disabilities defines it as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.”

They noted that there were still spaces at the summer school, as applications remained open, and the foundation has even extended its early bird application period.

If anything, they argued, one would expect a foundation specifically set up to work with people with disabilities to prioritise them, rather than the other way round, pointing out that the UN Convention highlights that such measures would not be considered discrimination.

The parents are thus holding Inspire responsible for any damages suffered by their son, and said that they would not rule out any further legal action against the foundation.

The protest was signed by lawyer Mark Simiana and legal procurator Peter Sammut.

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