Disabled boy cannot sue for human rights breach over lack of education

A disabled boy who was out of school for 18 months while waiting for a place at a residential special school cannot sue his council for breach of human rights, the Supreme Court has ruled.

19 Jul 2010

A disabled boy who was out of school for 18 months while waiting for a place at a residential special school cannot sue his council for breach of human rights, the Supreme Court has ruled.

The Children’s Legal Centre, which represented the boy, said it would consider petitioning the Court of Human Rights in Strasbourg.

Delivering the leading judgment in A v Essex County Council [2010] UKSC 33, Lord Clarke said the boy, known as ‘A’, suffered from severe epilepsy, autism, incontinence, learning difficulties and behavioural problems.

He was removed from his special day school in January 2002, at the age of 12, by Essex County Council.

Lord Clarke said this was because “the school could not cope with him an...

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