school won't help

Getting your child's special needs met in the UK.
The courts have been debating the issue of educational psychologists and teachers/schools having a duty of care to those they teach and assess for years. The ground breaking judgment in the Phelps case (July 2000) will mean that if you have your child's needs professionally assessed then the school must meet those needs, or, if they lack the resources, request them from the LEA. It also means that if your child has SEN the school has a duty of care to do something about it. If they do not they can be held to account. Previous judgments decided against teachers and psychologists having a duty of care for a number of reasons, not least the likelihood of defensive practice becoming the norm. The House of Lords has now decided that the needs of children are the most significant factor.

This judgment should stop forever the nonsense of psychologists and specialist teachers giving advice only to have it ignored by schools. It will put an end to some schools deciding not to bother with SEN. It will ensure that LEA's have to make sure that children with special needs have those needs identified and met.

How to get your child's special needs met:
1. Make sure you have an assessment by a fully qualified educational psychologist.*
2. Let the school have a copy of the report and recommendations.
3. Review the implementation of the recommendations. If nothing has happened ask your EP to be involved.*
5. Review again, this time with your EP. If nothing has happened, complain to the governors, citing the duty of care implicit in the Phelps judgment.
6. If this doesn't work, contact a solicitor. See below for link, use the search facility on the law society site to find a solicitor specializing in education law practicing near to your home.

* The reason you employ your EP is because the EP can express an opinion in court, which a parent or head teacher cannot. Therefore the EP can express an opinion with respect to the attitude, interest, commitment of the school with respect to the case in hand.

To read the whole of the House of Lords ruling in the Phelps case click here

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