Parents have launched a landmark legal battle to allow their daughter to take her dog to school, the Mail on Sunday can reveal.
The couple believe the animal should be allowed to accompany their child at school to ‘assist with her wellbeing.’
They say the girl, who has been refusing to go to classes at the school in Moray would benefit from taking her dog to school as she suffers from anxiety and other conditions.
It’s understood the couple have paid thousands of pounds to have the dog undergo highly-specialised assistance training in an effort to support their child.
However, their request has been challenged by the school, sparking a bitter dispute between the family and education bosses at Moray Council.
The matter was taken to an education tribunal earlier this year with both sides now anxiously awaiting the outcome.
Sources close to the case believe if the decision goes in the parents’ favour it could open the floodgates for similar requests across Scotland.
The Scottish Mail on Sunday understands the council has challenged the case on the grounds that other ‘reasonable adjustments’ could be made to deal with the pupil’s health issues that fall short of having the dog in the classroom.
Last night Moray Council said: ‘Any requests for assistance animals are considered on a case-by-case basis to take into consideration the full circumstances of the request.
‘Each school has a different ability to support such requests and the pupil’s own circumstances are considered as part of the individual risk assessment.
‘Further guidance created to support all assistance dog requests remains in draft while we await national guidance.’
Lawyers were instructed ahead of the tribunal – the hearings for which have been held remotely.
It has seen several witnesses, including council and teaching staff, and animal experts, called to give evidence.
The tribunal will consider the issues surrounding having a dog in school, the dog and child’s needs and impact on other pupils.
One source said: ‘There is a lot to consider and as yet there’s no guidance from the Scottish Government on this.
‘What about the risks to others in class who might be afraid of dogs or are allergic to them?
‘So many things need to be taken into consideration before a risk assessment can be put in place.’
Assistance or therapy dogs are trained to work and respond to an individual’s needs.
For example, they will bark or make a noise when the person gets anxious and they will calm and remove the person from the situation.
Proponents argue that their presence helps reduce the levels of stress hormone cortisol in the bodies of the people they work with.
In a school setting, this reduction in stress is said to support greater well-being and improve memory and the ability to recall information, which in turn helps students to focus more easily during lessons.
It’s also argued that therapy dogs can reduce the incidence of absenteeism as they allow they allow the person they are working with to feel more comfortable at school and thus less reluctant to go.
However, while there are benefits, there are also concerns around the inclusion of an animal in the classroom.
The inclusion of a dog in a classroom could prove problematic for pupils with severe canine allergies.
In addition, there may be pupils with a fear of dogs who could be put off coming to school or be anxious sharing the classroom with one.
Some councils may also have concerns about any liability they might face if the dog bit someone or triggered a pupils allergies or fears.
Schools across the country have introduced animal visits to schools but not for individual pupils to rely on pets in classrooms.
Education Scotland said it is becoming more common for animals to visit schools and have published information about the benefits and practical considerations of having dogs in educational settings in the form of animals visiting schools.
A spokesperson said: ‘Interest in using dogs in educational settings for therapeutic purposes, and ultimately to enhance participation in learning, is increasing.
‘Practitioners, educational settings, and local authorities, have made a number of enquiries to Education Scotland about the benefits of dog visits to schools and what they should be considering in practical terms if they want to introduce dog visits in their setting.
‘It is the responsibility of local authorities to meet individual pupil needs.’
The Mail on Sunday approached the family who admitted they have encountered an issue with the council over the dog but weren’t prepared to discuss it further.