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  SOLICITORS SPECIALISING IN EDUCATION LAW, MEDICAL LAW, AND COMMUNITY CARE


   

SPECIAL NEEDS - Case Studies

1. Martin was eight years old with severe autism. He had been placed in a LEA school for children with severe learning difficulties. Although it was a very caring school, it had little idea of how to handle M’s distress over his communication difficulties, or how to teach him to generalise his learning into different settings. He was becoming increasingly distressed and difficult both at home and at school, but the LEA considered that all the problems were home based, and that the education he was receiving was adequate. His parents had appealed earlier to the Tribunal but they did not have legal representation at that stage, and had not been advised on the expert reports they would need to prove their case. When they came to us, they had just lost this tribunal, although they had succeeded in obtaining an increase in the level of provision in Martin’s current school.

We arranged for Martin to be assessed by a speech and language therapist who specialised in autism, and an educational psychologist who assessed him in school. The psychologist was able to show that no matter how caring the school staff, they simply were not equipped to deal with autism. With the help of these experts, we were able to demonstrate that the LEA needed to reassess Martin’s needs, and to issue a new Statement. Following a successful appeal to the Tribunal, we obtained an order naming the school of the parent’s choice, which had specialist provision for autism, as well as the full range of speech and language and occupational therapy. After some initial difficulties settling in, Martin has now blossomed in his new placement, and is starting to communicate for the first time in many years.


2. Brian was 16 years old, with Asperger’s syndrome. He had been helped through his compulsory education by a placement at an independent specialist school. Everyone agreed that he would benefit from attending a course at a College of Further Education. Brian chose a college that was some distance from his home, but able both to provide for his interest in horticulture and to offer help in dealing with his special needs. However, Brian’s parents could not afford the cost of the transport, and without funded transport Brian would not have been able to start at his chosen place of education. Despite months of negotiation and discussion with his parents, the LEA refused to pay for the transport, arguing that Brian should attend a nearer college on a different course. Following correspondence from us, threatening legal action, the local education authority made proper transport arrangements in time for Brian to start college at the beginning of term.

 

 

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