Fife schoolgirl wins legal battle to have British Sign Language interpreter for support during classes

A deaf teenager has won a legal fight against Fife Council to have a British Sign Language interpreter and further educational support at school.

Niamdh Braid, from Glenrothes, launched the action last year after missing out on essential learning which her dad says has “denied her full access to learning for her whole school career”.

Niamdh, aged 16, was born deaf and wears hearing aids but her preferred language is British Sign Language (BSL).

Her dad, Steven Braid, said she has faced challenges throughout her entire education, adding she was “completely isolated” in primary school before she picked up BSL.

Niamdh was never offered any further support beyond the technology and yearly meeting she was entitled to, with her parents told she was doing well academically and didn’t need anything.

“Unfortunately, we accepted she’s doing well and kept going as we don’t know what its like to be deaf and thought if she’s doing well it must be alright,” Mr Braid said.

Niamdh struggled further during her transition to high school, coming home “absolutely exhausted”.

“When was coming home from school, she was going straight to bed. The impact on her mental health was horrific, we were getting really concerned about her,” Mr Baird said.

When Niamdh was in S3, she had a deaf classmate who had signed support, which made the teenager realise how much she was missing during lessons.

“Even with the technology like her hearing aids or relying on lip reading, she was still missing so much,”
– Steven Braid, Niamdh’s Dad.

“She came home from school and said she didn’t realise how much she was missing and wondered if she could have signed support too,” Mr Bairn explained.

“Even with the technology like her hearing aids or relying on lip reading, she was still missing so much.

“She has goals to go to university, a clear career path that’s dependant on grades she’s not had the support to achieve,” he added.

Despite Auchmuty High School being a base for deaf support services, Niamdh was refused additional support.

As a result, the teenager lodged legal action with support from the National Deaf Children Society.

A tribunal found she was placed at a “substantial disadvantage” without BSL interpretation and the action was ruled in Niamdh’s favour.

Niamdh has since been given a written apology, was granted weekly support, and a BSL interpreter.

Her dad says the family have since noticed a “huge difference” in her mental wellbeing.

Mr Braid said he hopes Niamdh’s story encourages other families struggling with similar issues to fight for support.

“Deaf children throughout the education system are being failed and not getting adequate support, and they deserve so much better,” he said.

Mark Ballard, head of policy and influencing for Scotland for the National Deaf Children’s Society, said with the right support, deaf children can achieve just as much as their hearing classmates.

“For Niamdh that meant being taught in the right language for her – British Sign Language (BSL) – and getting support from specialist professionals like a fully qualified teacher of the deaf,” he added.

“But deafness, by its very nature, means that a deaf child’s needs can be ignored or marginalised. All too often we’re contacted by deaf children who feel they just disappeared into the back of the classroom.

He continued: “We hope every local authority in Scotland takes notice of the decision by the tribunal and in future deaf children and young people like Niamdh don’t have to fight this long and this hard to get the support which should be provided to them automatically.

“We are proud to have supported Niamdh and her family’s campaign – but it should never have come to this.”

Fife Council’s head of education services, Angela Logue, said: “We have been working very closely with Niamdh and her family to meet her needs as identified by the tribunal.”