R (on the application of Smieja) v Bexley London Borough Council
| Jurisdiction | England & Wales |
| Judge | Neil Cameron |
| Judgment Date | 05 December 2014 |
| Neutral Citation | [2014] EWHC 4113 (Admin) |
| Docket Number | Case No: CO/3970/2014 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 05 December 2014 |
[2014] EWHC 4113 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Neil Cameron QC
(Sitting as a Deputy High Court Judge)
Case No: CO/3970/2014
Mr. John Friel (instructed by Sinclairslaw) for the Claimant
Ms. Anna Bicarregui (instructed by Legal Services, London Borough of Bexley) for the Defendant
Hearing dates: 13th November 2014
Neil Cameron QC:
This is an application for judicial review of a decision made by the Defendant to fund an individualised programme for the Claimant which would include an educational placement at White Rocks Farm for 3 days a week and a local college programme.
The application came before the court as a 'rolled up' hearing.
The Facts
The Claimant, LS, is 19 years old.
Until the age of 19, the Claimant had a statement of special educational needs. The statement was amended pursuant to an order made by the First Tier Tribunal on the 5 th August 2010. The following information is included in the introduction to the statement, which is dated 29 th September 2010:
"Medical information from April 2009, records that LS presents with communication difficulties, qualitative impairment of social interactions with lack of emotional and social reciprocity and persistent obsessions/preoccupations that satisfy the diagnostic criteria for a Pervasive Development Disorder. The presence of prominent delay in language development and enduring communication difficulties make a diagnosis of High Functioning Autism, rather than Asperger's syndrome more appropriate for LS."
From September 2010, following an amendment to the statement ordered by the tribunal, the Claimant attended, on a residential basis, PH School. She was provided with a very structured timetable and a high level of support which allowed her to develop her independence and independent living skills.
In his witness statement, the Claimant's father, Dr Frank S, states that:
"The structured environment and provision at PH School, including individual and small group tuition, Speech and Language Therapy and the support of a key worker, has assisted to improve the Claimant's behaviour at home at the weekends. However the Claimant continues to require ongoing support to meet and develop her educational and social care needs."
In April 2013 an assessment was conducted by Ms Mary Casey on behalf of the Defendant. Ms Casey's assessment was conducted using the Bexley Overview Assessment Tool. The Bexley Overview Assessment Tool records that the Claimant's parents indicated that they would like her to go to the Fortune Centre of Riding Therapy when she left PH School in July 2014. Ms Casey records that the Claimant stated that she wanted to go to Hadlow College.
On 18 th July 2013 a Speech and Language Report was prepared by Andrew Green, Senior Speech and Language Therapist at PH School. Mr Green was of the view that it is likely that the Claimant will always have difficulty understanding spoken language at a level commensurate to her peers.
From the 16 th to 23 rd September 2013 the Claimant underwent an assessment at the Fortune Centre of Riding Therapy.
On 21 st October 2013 Ms Casey added an addendum to the Bexley Overview Assessment Tool form to record that, on 9 th October 2013, she visited the Claimant at PH School. She says that she had a discussion with the Claimant in the presence of Christine Prisk, the Transitions Teacher at PH School, and that the Claimant informed her that she would like to apply to attend the Fortune Centre. The Claimant told Ms Casey that she had always wanted to work with horses and feels that that the Fortune Centre course would give her the opportunity to become as independent as possible. Ms Casey stated: "Knowing LS's needs and the fact that the relationship with her mother is not always good, I feel that the Fortune Centre College would be more suitable to meet her overall needs and learning than Hadlow College."
On 18 th November 2013 the Fortune Centre of Riding Therapy offered the Claimant a place on the three year residential Further Education Through Horsemastership course commencing in September 2014.
On 25 th November 2013 a learning difficulty assessment ("LDA") was produced pursuant to the provisions of section 139A(3) and (4) of the Learning and Skills Act 2000 ("the 2000 Act"). The LDA states:
i) "The assessment should inform the decision about the type of education or training provision a young person with a learning difficulty or disability should receive. The intention of the assessment is to identify and recommend suitable learning provision and support required to meet the needs of the young person. This document is used to support the resident Local Authority's decision-making process" (from the first page of the LDA).
ii) "The assessment clearly sets out the support needs of the young person and helps colleges and training providers ensure that they have the support strategies in place to enable the young person to progress and achieve in their learning development. This document replaces a Statement of Educational Needs when it lapses and should be reviewed when provision is changing or a young person is progressing." (from the first page of the LDA).
iii) Under the heading 'Future Plans' (on the fourth and fifth pages of the LDA)
"LS has only ever been motivated to work with horses, and has been associated with Mount Mascal stables for many years. Horses have always had a calming influence on LS and she found it much easier to relate to them than to humans, which is a reflection on her ASD and her lack of confidence in communication and social interaction. LS was only diagnosed with ASD late in life (at 14) and only started receiving the support she needed to deal with this at 15, and need (sic) continuation of such professional support beyond PH in order to enable her to take on employment and become independent.
…………….
LS feels that the best way for her to achieve the above is to continue her education in a specialist residential college such as the Fortune Centre for Riding Therapy, continue to develop her independence, social and life skills through a Horsemastership course and to prepare her for a career working with horses. ……………
LS's parents are also strongly in favour of her progressing her education in a specialist residential college and have identified the Fortune Centre for Riding Therapy as being the most appropriate college that can meet all of her needs …………….
Both LS and her parents have reported that it is not an option for LS to return to live in the family home when she leaves PH School in July 2014. LS reported that she finds it very difficult to control her behaviour when she is at home as she gets very stressed at home. LS feels that her mum and younger brother (17) do not understand her and her autism very well and so she does not get on with them. However she reported that she is closer to her dad as he understands her and her needs better.
…………..
The reality is that LS has only had 3 years specialist help and needs more before she is able to cope alone in the world."
iv) Under the heading 'Provision and Options available' the LDA considers a local college or a specialist college. Under the heading local college, Hadlow College and Local College First are considered. Under the heading specialist college, Fortune Centre of Riding Therapy is considered. The three options are assessed using a matrix. The matrix scores indicated that Hadlow College and the Local College First would not meet the Claimant's identified needs, whereas the Fortune Centre would.
v) The recommended provision is the Fortune Centre of Riding Therapy. The following reasons are given (on the 17 th page of the LDA):
"The Fortune Centre of Riding Therapy is an ideal placement for LS as she is highly motivated by horses and the Further education through horsemastership course will not only teach her vocational skills to enable her to apply for jobs working with horses, but also through working with horses learn independence, social and life skills to enable her to live independently in her own flat in the future with minimal support."
On 27 th November 2013 an annual review meeting was held at PH School to assess the Claimant's progress towards meeting the objectives specified in the statement of special educational needs. The education report which was considered as part of the review stated that the Claimant needs reassurance when dealing with unfamiliar people but works hard to overcome some of these issues. It was said that social interaction with her peers is very good and is improving with members of staff. The Claimant was described as fairly independent within the school setting with familiar people and places, that she manages her day-to-day timetable with no difficulties, but that she lacks confidence outside the school with unfamiliar people. The report prepared by the Integrative Arts Psychotherapist stated that it was essential that LS be given the psychological and emotional support she requires in any future placement due to concerns that her mental health and well-being could be detrimentally affected if this is not available to assist her with her difficulties.
As part of the November 2013 review a transition plan was drawn up. The purpose of the transition plan was to plan for the Claimant's transition to adult life when she left school. The transition plan stated that...
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