Partner, Education & Public Law Solicitor
We helped a child’s parents bring a judicial review and a positive ending in a case where the Local Authority were failing to provide suitable education for their child.
The parents of an 8-year-old girl with Autism who we will refer to as K, was attending the day school placement named in her Education and Health Care Plan (EHCP). As time passed it became increasingly apparent that the school K was attending was unable to meet her complex needs. K’s autism means that she is often non-verbal, and her way of communicating her distress in situations was through biting and scratching herself. Along with inflicting this aguish on herself, K would also lash out at others.
Autism can have many different signs, and in fact, it is estimated worldwide that 1 in 100 children have autism – so, there are many areas of the spectrum.
The Local Authority left K in her day school placement for well over a year, even though it was clearly not suitable for her. At the time, neither the parents or The Local Authority could find available spaces in any other day schools in the area that would be able to cater to K’s needs.
The only option that offered K a space was a special boarding school, much further away from their family home, but it did have the extra requirements that the family were looking for. Unfortunately, as great as it sounded for the family, The Local Authority would not agree to back this school, as those with residential settings come at a high cost.
We're rated‘Excellent’
If you believe your child's Special Educational Needs (SEN) are not being met at school, it's best to arrange a meeting with a Special Educational Needs Coordinator (SENCO). Learn more
Commenting on the findings Dan Rosenberg of Simpson Millar who has represented the families of numerous teenagers impacted by the issue, including a girl with ASD who actually tried to kill herself whilst in an isolation booth, said it was a cause for ‘grave concern’.
15 February is an important date for you if your child has an Education Health and Care Plan (EHCP) and is due to transfer to either the primary or secondary phase of their education.
Simpson Millar LLP. (Publication date not specified). "EHCP Section by Section Explained." Available at: https://www.simpsonmillar.co.uk/education-law-solicitors/ehcp-appeal/ehcp-section-by-section-explained/.
World Health Organization (WHO). (Publication date not specified). "Autism Spectrum Disorders." Available at: https://www.who.int/news-room/fact-sheets/detail/autism-spectrum-disorders
National Autistic Society. (Publication date not specified). "Extra Help at School - England." Available at: https://www.autism.org.uk/advice-and-guidance/topics/education/extra-help-at-school/england.
STAT. (2023, March 23). "CDC’s count of autism cases increases sharply." Available at: https://www.statnews.com/2023/03/23/autism-epidemic-cdc-numbers/.
Dan has been with Simpson Millar since 2010, and became a Partner in 2014.
As a leading member of our Public Law department, he works across a wide range of areas in Education Law and Community Care, with a particular interest in work for children and young people.
Fill in the form below to get in touch with one of our education law team, or call our team today on: 0808 239 9764
