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A (Appellant) v ESSEX COUNTY COUNCIL (Respondent) & NATIONAL AUTISTIC SOCIETY (Intervener)

The failure for a period of 18 months to cater for the special educational needs of a child did not constitute a denial of the child's right to education under European Convention on Human Rights 1950 Protocol 1 art.2.

19 July 2010

The appellant (X) appealed against a decision ((2008) EWCA Civ 364, (2008) HRLR 31) upholding the dismissal by summary judgment of his claim that the respondent local authority had breached his right to education under the European Convention on Human Rights 1950 Protocol 1 art.2. X suffered from autism and serious learning difficulties. He had attended a special needs school, but his parents agreed to withdraw him because the school could not cope with his very demanding behaviour. The local authority was unable to provide a home tutor who was qualified to meet his needs. It took some months to arrange a medical assessment of X. The assessment recommended a residential placement. It took several more months to find a suitable place, and there was a further delay in X taking that up because of building work at the school. Eighteen months had passed since X had left his old school. Over a year after X had begun attending the new school, he claimed damages against the local authority ...

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