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.
