Exchange Chambers

Girl with autism successful in her bid for a special school placement

The parents of an 11 year old girl with Asperger’s Syndrome have won a Tribunal appeal to get their daughter into a special high school that caters for children with autism.

The parents, represented by Mark Mulrooney at Exchange Chambers, appealed against the contents of their daughter’s statement of special educational needs which was made by their local county council. They believed that their daughter’s condition needed to be reviewed to reflect her educational needs now she was nearing high school age.

The girl has been diagnosed as having autistic spectrum disorder (Asperger’s syndrome) (ASD), difficulties with language, communication and social interaction as well as behavioural problems associated with anxiety. She currently attends a primary school in the local authority but Mr Mulrooney, who took the case on a Pro Bono basis, explains that the school affects her anxiety levels badly:

“We explained to the Tribunal that the girl’s behavioural problems were only exacerbated by the anxiety of attending a mainstream primary school. Her attendance is poor as she simply refuses to go to school and on occasions, she has screamed all night and has been too tired to go in the morning. This is clearly not helping her condition and we argued that this would only get worse if she moved to a mainstream high school in September.”

The local authority claimed that the Specialist Support Service Autism Resource based at the mainstream High School would meet the child’s needs but the parents argued that a privately funded school catering for pupils with autism would be more appropriate.

The Tribunal agreed with Mr Mulrooney’s arguments for the parents and ruled that the mainstream high school was not appropriate for the girl.

“The Tribunal understood that without specialist small group work provisions for this child, the mainstream school would struggle to meet her complex educational needs and that she could suffer as a result,” Mr Mulrooney said. “It simply wouldn’t be fair on her.”

Now, both parents and daughter are looking forward to the start of the new school year in September.

Earlier this year, Exchange Chambers launched the first partnership of its kind between a Barristers’ Chambers and The National Autistic Society.

Under the “Advocacy for Education” service, barristers from Exchange Chambers provide – on a Pro Bono basis - representation for parents who wish to challenge decisions made by their local authority about their child’s educational needs and provision at the Special Educational Needs and Disability Tribunal (SENDIST).

Mark Mulrooney’s advice in this case is the latest example of how the partnership is progressing and delivering the very highest levels of legal advice.