Melinda Talbot, who took St Patrick's College to the Federal Court alleging discrimination against her daughter with Down syndrome, Abigail, had to withdraw the case due to COVID restrictions and when Abigail became seriously unwell.

Disability advocate Kristen Desmond said the lack of an effective complaints and mediation mechanism meant parents of children with a disability in Tasmania had to either move their child between schools, fight costly court cases, or take no action at all.

"We've really got to have a look at how can we best put in pace a mechanism in the Catholic, independent, public school systems, because at the moment you get to the top, and just can't get anywhere," she said.

Related: St Patrick's sought court costs from mother after she withdrew discrimination case

"Then we end up in situations where some of our most vulnerable families are having to just put up with it, having to move schools, or having to find money to fight cases, which are not cheap and are not easy."

Ms Desmond said current complaints mechanisms - such as Equal Opportunity Tasmania, the Anti-Discrimination Commissioner and others - often involved the use of lawyers on the other side, which could be intimidating for families.

"We've got to be student-focused, and if there's disagreement between schools and parents then there needs to be a mechanism that is in place, that's not adversarial, that doesn't involve lawyers, that can solve the issue effectively," she said.

The Public Interest Advocacy Centre provided legal support to Ms Talbot during the hearings for court costs.

PIAC senior solicitor Chadwick Wong said the case highlighted issues within the disability discrimination complaints process.

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"Melinda and Abigail's case shows how difficult the discrimination complaints process is, especially for families who might not be in a position to pay for lawyers, let alone the school's lawyers if they are unable to continue their case," he said.

"It is even harder when the applicant is in poor health and has to represent themselves in complex legal proceedings."

Ms Talbot said there was no "timely and accessibly" complaints process available to her, meaning she had to take on the "financial risks" of legal action against the school.

The Tasmanian Government has provided $1 million until mid-2021 for three advocacy services - Speakout, Advocacy Tasmania and the Association for Children with Disability.

Minister for Disability Services and Community Support Jeremy Rockliff said the government had a focus on supporting independent individual advocacy.

"We absolutely recognise the critical role that independent individual disability advocacy services play in helping to ensure people with disability can enjoy the same rights and access the same services as others," he said.

"The Tasmanian Government is open to additional avenues of advocacy if needed."

Commissioner for Children and Young People, Leanne McLean, said Tasmania enjoyed the nation's strongest anti-discrimination laws.

"I would encourage anybody experiencing discrimination of this regard to use those processes that are available to them," she said.