Council agrees to name residential school in Education, Health and Care Plan following issuing of legal proceedings

Durham Council has agreed to name a residential school identified as suitable for meeting a child’s complex special educational needs after initially refusing to do so, following the issuing of legal proceedings in the Administrative Court.

According to law firm Simpson Millar, the 13-year-old, who has autism, ADHD, and severe anxiety, was left without a suitable school placement after his special school placement broke down, despite his Education, Health and Care Plan (EHCP) “clearly setting out the support he requires”.

It was claimed that instead of securing an appropriate placement, the local authority provided “limited alternative education” and failed to provide the provision set out in the child’s EHCP for “months”.

When the child’s family identified a residential school as a suitable placement, the council initially refused to name it, arguing it was “over provision” and that a full-time residential placement was unnecessary.

The family instructed Simpson Millar to challenge the local authority’s decision.

Legal proceedings were issued in the Administrative Court, following which the council agreed to name the residential school, bringing the dispute to an end.

A formal consent order was signed, ensuring the child’s transition to the new specialist residential school, where he has now started.

Heather Davidson, education lawyer at Simpson Millar, said: “We are delighted to have been able to resolve this matter on behalf of our client, but it should never have taken legal action to secure the education provision this child was legally entitled to.

“The delays meant months of unnecessary distress, with significant consequences for both the child and his family. Unfortunately, this is not an isolated case - we regularly see children out of school or receiving only a fraction of the support they need due to local authorities failing to meet their legal obligations. This needs to change.”

Martyn Stenton, Durham County Council’s head of early help, inclusion and vulnerable children, said: “While it would be inappropriate for us to comment on an individual case, we always try to understand and actively support the preferences of parents and their children when arranging educational provision, in order to ensure the young person is placed in a learning environment which best supports their needs. This sometimes requires careful consideration and time for consultation with family members and learning settings. We also look to provide other support to families whilst this happens.”

Lottie Winson