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Special educational needs case studies

Martin

Martin, aged eight, had severe autism. He attended a local education authority (LEA) school for children with severe learning difficulties, which was very caring but had little idea of how to handle his distress over his communication difficulties or how to help him apply his learning in different settings.

Although Martin was becoming increasingly difficult at home and at school, the LEA considered that the problems were home-based and that he was receiving an adequate education.

Martin’s parents had appealed earlier to the tribunal but 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 the tribunal, although they had won an increase in the level of provision at Martin’s school.

We arranged for Martin to be assessed by a speech and language therapist specialising in autism and an educational psychologist who assessed him in school. The psychologist was able to show that regardless of how caring the school staff were, they were not equipped to deal with autism.

With these experts’ help, we were able to show that the LEA needed to reassess Martin and to issue a new statement of special educational needs.

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 taking a little time to settle in, Martin has blossomed and is communicating for the first time in years.

Brian

Brian, aged 16, had Asperger’s syndrome. He had been helped through his compulsory education by attending an independent specialist school.

It was generally agreed that on leaving school he would benefit from continuing his education at college. Brian chose a college some distance from his home, where he could pursue his interest in horticulture while receiving support for his special needs.

Brian needed transport to attend college, but his parents could not afford this. Despite months of negotiation and discussion with his parents, Brian’s local education authority 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 LEA made proper transport arrangements in time for Brian to start college at the beginning of term.

Zaina

Zaina had autism. She attended a local special school for her primary education that was a feeder for a generic maintained special school.

The Local Authority considered a request from parents for a residential place in a specialist autism school and refused. We challenged both the Education department through SENDIST and the Authority as a whole through a complaint with a view to judicial review in the High Court for failing to address needs holistically.

The Authority agreed to fund the school place, costing approximately £250,000 per annum just before the case went to a SENDIST hearing.

To find out more about our education services, please contact us.
Maxwell Gillott Solicitors

Contact details:

Tel: 01524 596080
Email: office@mglaw.co.uk
© Maxwell Gillott 2008