Autistic man appeals in suit against school over lack of proper education

A man suffering from autism spectrum disorder (ASD) has filed an appeal to hold a school and the government liable for failing to provide him with an education suited to his condition when he was younger.

The 24-year-old and his foster mother filed a notice of appeal with the Court of Appeal yesterday against the Kuala Lumpur High Court's decision to dismiss their civil action on Sekolah Menengah Pendidikan Khas Vokasional in Shah Alam, its headmaster Sazali Mohd Karli, the Education Ministry and the federal government.

Counsel Sangeet Kaur Deo confirmed with Malaysiakini today that her clients had filed the appeal against the Feb 3 verdict.

On that date, High Court judge Nik Hasmat Nik Mohamad dismissed the writ of summons over the four respondents’ alleged failure to provide a safe and secure environment for the man when he was 17 years old in 2016, which purportedly resulted in other special needs student bullying him.

The judge said that while she sympathised with the family as she too had a disabled child, the court still had to dismiss the suit as the plaintiffs failed to prove their case.

Nik Hasmat noted that the plaintiffs failed to prove the four alleged incidents of bullying, which they had sought to link to the purported failure of the defendants to provide a safe and secure learning environment.

The first alleged incident involved a student tying the then-teenager to the bed of the school dormitory and punching him.

The second alleged incident involved other students assaulting the boy at a mosque after the boy purportedly ignored a student who spat on him.

The third alleged incident involved somebody pulling away a chair from the boy while he was praying, causing him to fall and sustain a head injury.

The fourth alleged incident involved a telephone conversation between the boy and his mother, where the boy claimed another student made a gesture as though about to beat him.

Nik Hasmat noted that the police investigation into the matter failed to turn up any evidence of the alleged bullying, and that there were no witnesses.

The judge noted that in spite of the bullying claims, the son continued to remain in the school until the completion of his studies there.

Nik Hasmat pointed out that the mother’s testimony in court was beset by various inconsistencies.

The judge said the then-17-year-old seemed to have issues with another special needs student who allegedly bullied him, resulting in them being involved in fights rather than actual bullying.

The judge also directed the mother and son - who holds a disability card - to pay RM10,000 in costs to the four defendants.

On May 26, 2017, the two plaintiffs filed the lawsuit to seek several reliefs, among them a declaration that he has the constitutional right to receive a level of education appropriate to his condition. - Mkini