The family of a severely brain damaged child have successfully challenged Bristol local education authority (LEA) over their daughter’s
Statement of Special Educational Needs. The ‘Statement’ is a legally binding document which, once agreed, contains certain elements which must be funded by the
LEA. Statements can be challenged at a
Special Educational Needs Tribunal as families struggle to get the help they need for their children.
A hearing was applied for at the Special Educational Needs Tribunal
In this case the family disagreed about the school placement the LEA had specified and felt the statement missed certain elements of the child’s needs. The human rights department at Leigh Day & Co. arranged for experts to independently assess the girl, who is now 11 years old, including an occupational therapist, educational psychologist and physiotherapist. A hearing was applied for at the
Special Educational Needs Tribunal and the points of dispute between the family and the council were submitted, along with the experts’ reports.
In the event, the LEA decided to resolve the dispute before the tribunal hearing as the weight of the family’s evidence was strong. The main areas of dispute were around the physical needs of the child. Frances Swaine,
human rights solicitor at Leigh Day & Co. explains: “The physical needs of a child must be supported in order to allow for education to take place. It’s difficult to know where to draw the line between the two.”
After a period of negotiation, the family managed to have the school of their choice named on the statement for their daughter.
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