Special needs test case goes before Supreme Court

The court is now deliberating over a test case supported by the Children's Legal Centre involving a pupil with learning and communication difficulties and a statement of special educational needs, who it is alleged was denied an education for 18 months.

The pupil, known as A and who is now 20 years old, was told by his school when he was 11 years old that staff could no longer meet his needs and asked his parents to keep him at home until an alternative place was found.

It was not until around 18 months later that an alternative residential place was eventually found. During his time out of formal education, he was only offered two boxes of educational toys and speech and language sessions, says the Children's Legal Centre.

His behaviour deteriorated during this time and he began to self-harm, says the centre, which claims this was as a direct result of being deprived of the stimulation of schooling.

The case has already failed at the High Court and the Court of Appeal. If the Supreme Court also rejects A's case, the centre may take it to the next legal stage, the European Court of Human Rights.

Carolyn Hamilton, the centre's director, said: "This is a very important test case that will ensure that children with special needs do not have to spend long periods of time out of education."
 
A decision is expected within the next two months.