A case of Educational Negligence?

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A case of Educational Negligence?

Parent Question:

I know this is for SEN needs and I currently have a legal aid solicitor dealing with my son’s issued plan appeal. My question is have you any advice/ suggestions regarding an Educational Negligence Case? I am not really concerned with the cash figure of bringing a case with TORT law, but after 11 years I am sick of seeing the people with duty of care over my son letting us down and the last two odd years in secondary school have got to have been the worst, not only a challenging time for any child but my son has ADHD, DCD, severe receptive and expressive language disorder and the SENCo has called my son lazy, stated he claims not to know things they know he has been taught, refused to accept the medical professional advice regarding DCD/dyspraxia and has fought me every step of the way in getting my son's statement.  I have paper trail evidence of everything I am saying is there any direction you could point me please

ipsea answers

IPSEA Answers:

Cases of negligence are notoriously difficult to bring in SEN – although not impossible. You would need specialist advice to build such a case and evidence as to what action the LA took or failed to take and the result that caused.

The issues you are recounting are to do with the school directly and do not seem to be with your LA. It is your LA who are ultimately legally responsible for ensuring your son receives the special educational provision in his statement. They must hold the school to account and make sure they are doing what they are supposed too. There are two potential issues 1. That the statement is written in such a “woolly” way that it is not clear what support he should be getting or 2. The statement is clear but the school are just not doing its job. Usually it is a combination of both.

As you have an ongoing appeal over your son’s statement, however, it may be best to see if you can start to resolve things by getting his needs (such as his reading age) accurately described in the statement and then the provision to meet those needs pinned down. Once this has happened then if the school continue to fail to put in the support that is required then you and the LA can take steps to ensure they do.

When you have lots of issues, it may be a good idea to concentrate on one course of action which you know can have an effect, and taking one thing at a time. A claim of negligence – even if it was successful – would not actually ensure your son gets the support he needs now.