Council and parents head to tribunal over alleged failure to name school

A county council is facing a tribunal hearing next month (5 July) over its alleged failure to identify a school for a severely dyslexic 11-year-old boy to attend in September.

Sarah Walker is looking to secure more specialist support for her son, Kye, who currently attends a mainstream primary school.

Mrs Walker said she and her husband had researched all the schools in the area to find the one which could offer Kye the teaching he needed.

“We found a small school which is able to provide specialist teaching and therapy for children with dyslexia and other learning difficulties,” she said, adding that her son had spent some time at the school and been offered a place.

Mrs Walker said: “We were all really excited about the prospect of Kye’s new school, right until the council told us that Kye would instead be going to a mainstream school – against all the evidence and recommendations from experts.”

No school was named in Kye’s final Education, Health & Care Plan, which the family received in March.

The family has instructed law firm Simpson Millar to bring legal proceedings.

Mrs Walker said: “After my solicitor James Betts from Simpson Millar put pressure on the council, they have outlined two potential mainstream options- both of which we had already contacted and advised us they would not be suitable.

“One of the schools the LEA propose is a lovely school and only a few minutes down road. But when Kye’s challenges became clear last year, we had a meeting with their SEN and transition coordinator who advised that we should look for a secondary school with a dyslexia unit. Likewise, the other school stated in writing that they cannot meet Kye’s needs.”

According to Simpson Millar, East Sussex has said it could not agree to fund the placement Kye’s parents had identified as it was waiting for the latest update from OFSTED, despite a positive report being issued by OFSTED previously.

Mrs Walker said: "Our other son Bailey who is 13 also suffers from dyslexia and has severe autism goes to the school we are seeking for Kye and since enrolling, his grades have significantly improved and he became happy about going to school again."

Simpson Millar’s Betts said: “Sadly, Kye’s case is far from unique. Over the past few years we have seen funding cuts hit children with special education needs especially hard. Local Education Authorities have a very clearly duty towards these children and in this case they should have confirmed many months ago what school they were proposing for Kye….

“Sadly, many parents are now having to take legal action to make sure their children are given the most appropriate education. This can be an exhausting process; made worse when local authorities fail to meet deadlines which are legal yet frequently ignored.”

East Sussex County Council has been approached for comment.