A, R (on the application of) v Hertfordshire County Council, Court of Appeal - Administrative Court, December 20, 2006, [2006] EWHC 3428 (Admin)
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A, R (on the application of) v Hertfordshire County Council, Court of Appeal - Administrative Court, December 20, 2006, [2006] EWHC 3428 (Admin)
CO/5861/2006
BAILII Citation Number: [2006] EWHC 3428 (Admin)IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Wednesday, 20th December 2006 B E F O R E:HIS HONOUR JUDGE GILBART QC - - - - - - - - - - - - - - - - - - - - - THE QUEEN ON THE APPLICATION OF A(CLAIMANT)-v- HERTFORDSHIRE COUNTY COUNCIL(DEFENDANT) - - - - - - - - - - - - - - - - - - - - -Computer-Aided Transcript of the Stenograph Notes of WordWave International LimitedA Merrill Communications Company Smith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - - - - - - -MR S GRODZINKSI (instructed by TSS Law) appeared on behalf of the CLAIMANT MR N SHELDON [MISS J CLEMENT attended for judgment] (instructed by Hertfordshire County Council) appeared on behalf of the DEFENDANT- - - - - - - - - - - - - - - - - - - - -J U D G M E N T JUDGE GILBART QC: 1. In this matter the Claimant parents appeal against the decision of the Special Educational Needs and Disability Tribunal ("SENDIST") of 20th June 2006. That Tribunal had rejected the appeal of the Claimant parents against the terms of Part 4 of the Statement of Special Educational Needs made by Hertfordshire County Council in respect of their daughter. 2. For the purposes of this judgment I shall refer throughout to the claimants as Mr and Mrs A and to their daughter as D, so that their identity is protected. The title of the judgment will appear as A v Hertfordshire County Council.3. D is now 11 years old. She has been diagnosed with ataxic hypotonic cerebral palsy and global development delay. She has severe learning difficulties. Hypotonia affects her musculature. Her hips are dislocated and she has a mild scoliosis. She has the motor skills of a child of 7 to 10 months, the socialisation of a child between 4 and 9 months (depending on the function in question), the daily living skills of a child between 7 and 18 months (again depending on the skills in question), the communication skills of a child of between 13 months and 18 months (of which 13 months are expression and 18 months for receptive skills). 4. Happily, she has some character. She is described in a report from her current school as "delightful . . . strong willed and can be determined to have her own way". She has the ability to recognise and use symbols on a Tech Talk machine. She enjoys music and can recognise her favourite songs. She can call out and point to objects, and can make noises and point to objects which she wants adults to bring to her. She can make noises to show that she is happy. She enjoys hearing songs and has some favourites. She also has favourite books which she likes being read to her. She enjoys the company of other children, but prefers that of adults. She is taken swimming, which she enjoys, and has been taught how to float independently and propel herself with her hands. She uses a pony walker, and can propel herself independently. She takes part in music sessions and can hold an instrument. She has been taught how to pick up objects and move them, and has been making some progress. She can use a crayon or brush to make marks and prefers to do so independently. She can use a feeder cup and can feed herself with help in loading the spoon. She needs help in dressing but cooperates by pushing her arms in and out of her clothes. She is not continent and wears nappies rather than being placed on the toilet. 5. She requires care throughout the day.6. She comes from a very caring Orthodox Jewish family. The statement which they put into SENDIST shows that she enjoys the family life which is a central part of Jewish culture, and is familiar with the observation of the Sabbath. The family describe the excitement and enjoyment she feels during the weekly Sabbath and at festivals.7. The family is caring indeed. The responsibility of looking after D is a very heavy one, and they are understandably concerned to see her looked after and educated in life skills as far as possible. I am impressed by the dignity they have shown in these proceedings, and the obvious care for their daughter given the very substantial burdens placed upon them by her disabilities. 8. As D has approached the age of 11, the question has arisen of the appropriate educational provision to be made for her secondary education. Hertfordshire County Council prepared a statement of needs under section 324 of the Education Act 1996. That identified at Part 3 the objectives of Special Educational Provision for D, and the educational provision requir...See the full content of this document
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