KUALA LUMPUR – A former student of a special education secondary school filed an appeal at the Court of Appeal following the high court’s decision to dismiss his suit against the school, government and two others.
On May 26, 2017, the 25-year-old plaintiff and his adoptive mother filed a suit against the principal, the special education school, the Education Ministry, and the Malaysian government as defendants for failing to provide quality special education facilities in line with his disability.
Lawyer Sangeet Kaur Deo, representing both plaintiffs, when contacted, said that a notice of appeal had been filed in the Court of Appeal yesterday.
Based on the notice of appeal, both plaintiffs expressed dissatisfaction with the decision handed down by judge Nik Hasmat Nik Mohamad, on February 3, who dismissed their claim after finding that the defendants did not breach the law of negligence in providing a safe and secure environment for students with special needs.
In a statement of claim, the former student, who was diagnosed with attention deficit hyperactivity disorder when he was four and has leg problems that make it difficult for him to sit on the floor, claimed that he was registered at the special education secondary school on January 18, 2016, and given accommodation in the school hostel.
The plaintiff claimed that he was bullied several times by other students while living in the hostel, including being spat on while he was praying, tied to his bed, punched and kicked, and his belongings were stolen. Despite several complaints being made, no action was taken by the school or the principal.
In the statement of defence, filed on July 24, 2017, the school stated that the placement of the student concerned was made based on the choice of the boy and his adoptive mother during registration. – Bernama, February 15, 2023
