SPOTLIGHT

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The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Council settles case over treatment of five children at specialist school

A local authority has offered to apologise and pay compensation to the families of five children who were alleged to have suffered ill-treatment at a specialist school, it has been reported.

The defendant council did not admit liability in the claim, however.

Law firm Leigh Day, which acted for the claimants, said it had been alleged on the children’s behalf that the totality of the concerns raised by the parents – together with procedural failings at the school – amounted to systemic neglect and also violated their human rights under Article 8 (the right to respect for private and family life) and Article 3 (the right not to be subjected to inhumane or degrading treatment).

The children, who have severe learning disabilities, had been placed in a specialist primary school in the north of England by their local education authorities. This was a district special school for children aged 2-11 years with a statement of special educational needs, including children with profound, complex and challenging needs.

The parents expressed concern when they noticed changes in their children’s behaviour which they felt to be indicative of distress, Leigh Day said. This included refusing to put their school uniform on in the morning and, on some occasions, refusing to go to school altogether.

There were also concerns that children were returning home soiled or with red marks around their torsos where their incontinence pads had been secured too tightly. A number of parents also reported that their children had returned home with their lunch boxes full, and with unexplained injuries and bruising.

Leigh Day said allegations were also made about the attitude of some staff at the school towards the children.
 
Some of the families pursued complaints with the school and local authority, as well as the Department of Education and the Local Government Ombudsman.
 
Leigh Day brought a civil case on behalf of the five children, arguing that the local authority that had placed them at the school, and that was responsible for its running, had failed to provide them with a reasonable standard of care and education.