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Concerns that ruling to overturn Moray council decision could impact other students
A schoolgirl has won a “landmark legal case” which her parents believe will allow her to bring her dog into school to help with her anxiety.
A family had claimed that the golden retriever should have been able to go with the child into school, to help her mental health in a long-running dispute.
Moray council, in the north east of Scotland, had previously blocked the request, claiming other “reasonable adjustments” could have been made to help her cope.
However, an education tribunal has told the council to make a “fresh decision” on the case, paving the way for a reversal.
One option under consideration is believed to be a compromise in which the child would be allowed to bring the family pet to school on a part-time basis.
Advocates of assistance dogs for those suffering from anxiety claim they can help people to feel calmer in stressful situations.
The parents claim their daughter had been refusing to go to classes and that allowing the dog to go with her would “support her wellbeing”.
The child’s father, who did not want to be named, told the Mail on Sunday: “There were two decisions made. One that she should get a letter of apology.
“The other is: it has been given back to Moray council to redo their decision.
“This is a landmark legal decision which will pave the way for others who are neurodiverse, or who have mobility issues, to secure the benefit of an assistance dog at school.
“It marks the culmination of a nearly three-year struggle to show that our request for an assistance dog for a limited number of hours each week was a reasonable adjustment.”
The parents are believed to have paid out thousands of pounds on specialist training for the dog. They are taught to recognise when someone is anxious and to offer them support.
However, concerns have been raised about the impact on other pupils, particularly those who are afraid of dogs or are allergic to them.
It has been claimed the tribunal decision could open the floodgates for similar requests, with some town halls concerned about liability if a dog bites a child or if one triggers an allergic reaction.
Education Scotland, the Scottish Government schools advice quango, hosted a webinar last year on how animals could help during lessons.
However, both the case studies it cited involved dogs being taken to schools for visits, not as permanent additions to the classroom.
Moray council had previously said that requests for assistance animals were considered on a case-by-case basis, and that it was awaiting national guidance in drawing up a formal policy.
Reacting to the tribunal ruling, a spokesman said: “We will be reviewing the findings to consider our next steps.”