A Uniform Approach To Education

Does the right to an education under the Human Rights Act 1998 open up a new route to compensation?

The recent case of A (Appellant) v Essex County Council (2010) examined the value of the "right to education" under the Human Rights Act 1998. To what extent must a local authority provide all children with an effective education, and can it take into account their special needs and the demands on resources?

Background facts

"A", now in his early twenties, is severely autistic, suffers from epilepsy and has severe learning difficulties. As a child, he attended a community special day school maintained by Essex CC known in the litigation as LS School. In May 2001, when he was aged 12, A's teachers expressed concern about his behaviour and the school's ability to deal with him. A would self harm, was doubly incontinent, would suffer regular epileptic fits, had no concept of danger and required constant supervision.

By January 2002, A's behaviour had deteriorated to the point where LS School could no longer cope with him, and his parents were asked not to take him into school for health and safety reasons. The intention of all the professionals concerned, including LS School, was for A...