Aug 18, 2021, News Letter (Belfast): Judge: Autistic boy was left without education and failed by authorities https://www.newsletter.co.uk/news/people/judge-autistic-boy-was-left-without-education-and-failed-by-authorities-3350224
Mr Justice Scoffield held that authorities failed in their obligations to the 11-year-old who refused to attend school for periods during the pandemic.
He said: “Every reasonable and practical effort was not made to ensure he received the provision to which he was entitled.”
The boy at the centre of the case, who cannot be identified, has a diagnosis of Autistic Spectrum Disorder and a range of developmental difficulties.
His Statement of Special Educational Needs (SEN) included placement in a particular school setting, an intensive plan and daily specialised teaching.
But the court heard that in 2019 he began to refuse to attend classes for reasons directly related to his disability.
Between August 2020 and January 2021 he was present for only six out of a possible 160 days.
The boy’s mother stated that he received no education while at home and had “severely regressed” throughout the period of lockdown.
The most she could do with him was to “sit for a few minutes to count through 2ps and 1ps”.
Judicial review proceedings were brought against the Education Authority (EA), alleging a failure in its duty to the boy under his SEN.
The case centred on obligations contained in the Education (Northern Ireland) Order 1996.
The EA denied acting unlawfully and disputed claims that another school was better suited for the boy’s needs.
Lawyers for the authority argued that it had also supported him by an individual education plan, communication passport, and a risk assessment….
However, the judge granted a declaration that the Education Authority failed to discharge its obligation to the boy over a period between January 2020 and April 2021.
He reached his findings “reluctantly” due to the efforts of those facing exceptional challenges….
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