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Council told to pay for child's private school

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Published Date: 14 September 2008
THOUSANDS of pounds to meet the cost of a disabled child's private schooling will have to be paid by his local council, a court has ordered.
The decision came after a catalogue of failures was revealed during a hearing which showed officials had made no effort to assess the needs of the four-year-old and had not even seen him for two years.

A sheriff ruled the local authority must
pay for the child's fees and transport costs to the school for seven years, adding up to a bill of almost £140,000.

Lynne Macaulay, mother of severely disabled Rory, who is four, applied to Aberdeenshire Council for her son to attend the Amber Nursery, part of the Camphill Rudolf Steiner Schools in Aberdeen, as it specialises in caring for seriously disabled children and Rory previously spent time there.

She believed Rory, who had pneumococcal meningitis as a baby and was left brain-damaged, deaf, partially sighted and largely immobile, could not be supported adequately by Aberdeenshire Council's special school, St Andrew's, in Inverurie, as he needed one-to-one attention, a calm environment and a high level of physical care.

But her application was twice refused by education officials, who insisted Rory could go to St Andrew's. Macaulay took the case to the Sheriff Court in Aberdeen on August 13.

Sheriff James Tierney ruled he could not support the council because it had not done enough research into Rory's case.

In his decision he said: "It did not appear that any formal professional assessment of Rory's needs had been carried out by the (council]. It is difficult to see how a local authority can plan to make provision for the additional support needs of a child such as Rory when they have not acquainted themselves with just what these needs are.

"I would have expected that a formal assessment of Rory's needs would have been carried out in order that the ability of St Andrew's to meet these needs could be properly and systematically addressed."

He also noted that the council's educational psychologist, who has never professionally assessed Rory, had not seen him for two years and "did not have an up-to-date picture of him".

Tierney said he was persuaded by the argument of Macaulay, who employed a psychologist to demonstrate her son's needs. He ordered the council to pay Rory's school fees of £12,500 a year and transport costs of £8,560 a year, which included the cost of an escort.

Deducting government funding of £1,550 for a pre-school age child, the council faces an annual bill of £19,510.





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  • Last Updated: 13 September 2008 7:12 PM
  • Source: Scotland On Sunday
  • Location: Scotland
 
1

albanman,

14/09/2008 09:52:49
Just add this to the 50million pounds that the Council is already in debt.
2

Chris,

Edinburgh 14/09/2008 13:11:10
And if this is an example of the council's idea of efficiency then I can understand why they are in debt to such an amount.
3

an_aberdonian,

Aberdeen 14/09/2008 14:17:20
This case can be read as public record on the link here:

http://www.scotcourts.gov.uk/opinions/B74807.html

Obviously the council were at fault but some of the facts regarding this case and the amounts involved do not agree with this report, on reading Sherrif Tierney's comments it seems that the council will actually save money through this decision. Also since the time period agreed is two years not seven as reported here; the amount of £140,000 must also be fiction.

This type of sensationalism promotes a lack of compassion for the many families in the UK who are forced to fight relentlessly for their children's legal right to education and quality of life.
4

Peter Laing,

Aberdeen 14/09/2008 16:32:25
1 and 2
Wrong council altogether. Aberdeen city and Aberdeenshire have totally different councils.
5

Brodric,

14/09/2008 18:42:51
mmmm - mmmmm
6

Brodric,

14/09/2008 18:42:57
mmmm - mmmmm
7

akm,

Aberdeen 15/09/2008 15:31:16
When will local councils understand that as a parent of a child with Additional Support Needs we do not want to have to go to court or ombudsman or tribunals to get the appropriate help for our children? Aberdeen City Council have failed to put in place appropriate help for my son and he has not been seen by an educational psychologist since January 2007 despite me asking too many times to remember, but I am only a mother in the eyes of the education system, what would I know? I think I know more about my childs needs than an educational psychologist that has never met my son and a headmaster who decides not to take medical advice to help put appropriate help in place and cancels a meeting with my son's doctor. I know I am not alone in having problems with education authorities. At the end of the day our Children are entitled to be educated and given the help which they require, they should not have to suffer because of lack of knowledge or understanding by the staff in schools nor should parents have to fight for help.

 

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