Disabled 20-year-old loses education case against Essex County Council

The family of the man, who has autism and severe learning disabilities and is now 20, was hoping the Supreme Court would grant him the right to a full trial for damages against Essex County Council.

The case relates to when the man, referred to in court as "A", was 12 years old. At the time, his school decided it could not cope with his behavioural problems, which related to his disabilities, and decided he should be removed while it sought a suitable placement.

The boy spent the next 18 months at home with only two boxes of educational toys and occasional speech therapy sessions until the council found him a suitable school place.

The five-judge Supreme Court panel voted three-to-two that the case should not go to full trial.

They backed Essex County Council’s argument that it was hindered in finding a suitable place by a lack of available teachers, resources and suitable school places.

This was the first case of its kind that the Supreme Court had heard.

Professor Carolyn Hamilton, director of the Children’s Legal Centre, which represented the 20-year-old, said: "We will consider petitioning the European Court of Human Rights in Strasbourg. The Children’s Legal Centre represents many children with special educational needs and disabilities who are denied access to suitable education, which can have an extremely detrimental impact on their well-being and development."
 
Mark Lever, chief executive of the National Autistic Society (NAS), said: "The experience of A sadly remains all too common."

A NAS spokeswoman added that although the family lost the case, the fact that it was considered by the Supreme Court leaves the door open for other cases to be taken against councils for failing to provide an education to children with disabilities.