Is it possible to sue an LEA?

[Canopus]

Is it possible to sue an LEA or educational psychologist for the following things?

 

1. Failing to correctly diagnose my problem as AS in 1989. The term AS was coined in 1981 and the condition was known about in the west including NZ during the early 80s. I would first have to be officially diagnosed as having AS.

 

2. Recommending social skills programmes that would have been of no benefit because AS is incurable.

 

3. Approving of a school that was unsuitable for me. The school closed down in 1994 which could make things tricky although I could get some of the staff to write reports on how the school was run.

[phasmid]

Is it possible to sue an LEA or educational psychologist for the following things?

 

1. Failing to correctly diagnose my problem as AS in 1989. The term AS was coined in 1981 and the condition was known about in the west including NZ during the early 80s. I would first have to be officially diagnosed as having AS.

 

2. Recommending social skills programmes that would have been of no benefit because AS is incurable.

 

3. Approving of a school that was unsuitable for me. The school closed down in 1994 which could make things tricky although I could get some of the staff to write reports on how the school was run.

It may be possible.

 

1. I know that similar actions have been successful in the past. I don't think I have any information on file to qualify this, however but, I am sure that I have read of an adult suing their former LEA for non-recognition of dyslexia. I would suggest a good news site, such as the BBC's would be a good starting point for researching it.

 

2. I have never come across social skills being suggested as a 'cure' for autism or autistic tendancies. That said, if this is how it was touted then you may have an argument.

 

3. No idea.

 

I would suggest the best course of action would be to seek education law specialist lawyers. Try a google search for the 'Childrens Legal Centre' I think I have seen links to such firms on there.

[Malika]

Hi

 

I am not too sure it would be easy the only thing I have heard of so far is the possibility to sue local authority for neglect but you have to prove that you have suffered serious consequences in your life as a result of their wrong doing , a bit tricky try to find a layer for this, the best would be a deal "no win no fee" if they agree that there is a chance to win and if you cannot get legal aid ( be careful that some layers encourage you to go ahead as they will earn money anyway)

 

Good luck. Let us know about any break through.

 

Malika.

 

P.S:The case about dyslexia if I remember well was because the persone concern was unable to read and study at normal level for many years and had been able to prove it had devastating consequences for many years.

[Canopus]

That devastating consequences part probably won't hold up in court because I left the school with several high grade GCSEs. Bullying, victimisation, and the failure to provide for my special needs was why the school was unsuitable for me.

[mossgrove]

Canopus

 

I think it unlikely that you will be able to sue the LEA because you need to be able to prove:

 

That the issues you are talking about were the fault of the LEA in making a wrong decsion about your placement and not because you have AS.

 

and

 

That the LEA were negligent in their decision-making (e.g. did not folow the correct procedures).

 

In law it is almost impossible to sue because a decsion had proved wih hindsight to be wrong. In practice you would need to be able top prove that they did not follow the correct procedures when reaching their decsion, demonstrate how they should have known that the decsion was wrong, and then demonstrate how that wrong decsion had caused damage for which you are entitled to recompense.

 

What is more likely is that the LEA made a decision that they probably wouldn't make now because awareness and understanding of Autism has improved massively since 1989. Research about Aspergers had been circulating for a few years prior to 1989, but this is not the same thing as saying that a teacher in a typical LEA-run school in 1989 should have known about AS, or that (s)he would have been negligent in not correctly identifying the condition, especially as diagnosis is a Health issue and not an education one. They may well be able to argue that they had identified that there were issues, sought professional advice and put programs in place to deal with them. With hindsight these interventions proved to be inappropriate but it is hard to see what they should have done at the time as AS was still an 'experimental' diagnosis at that time and the LEA plainly didn't recieve the correct advice from your doctors etc.

 

None of this makes it any easier for you, I do understand that your experiences of the system were bad ones, and that you were let down. I am just not convinced that pursuinbg a potentially costly and (almost certainly) unsuccesful legal action against your LEA is the answer either.

 

Simon

[nellie]

Canopus,

 

I can understand your need for justice, but I have to agree with what Simon has said. I too had difficulties coming to terms with the injustices my family had to suffer, I found the only way to move forward was to forgive the people concerned, not an easy thing to do.

 

Regarding the adult who sued the LEA for failing to diagnosis her dyslexia she won her case but I believe the LEA appealed against the judgement and the court of appeal overturned the original ruling.

 

You can find the details here http://www.ipsea.org.uk/caselaw.htm#Phelps1

 

Nellie xx

[MelowMeldrew]

Something VERY effective is to contact the LA ombudsman, they do NOT like these people being involved, as they have to justify everything to them and provide all the paperwork and such as well, it's VERY expensive to them, I will be using that if I don't get the answers I want, I did it a few years ago for a deaf issue, and the panic on their faces I could see miles away, worth it for that alone.... I won too !

 

Payback time

[nellie]

Unfortunately the Ombudsman will only deal with recent complaints.

 

 

Taken from the Local Government Ombudsman how to complain leaflet.

 

When to make your complaint.

You should compain to us within 12 months of when you first knew about the matter your are complaining about. If you leave it later, we may not be able to help.