Belfast Telegraph

Dyslexic pupil case: board wins appeal

By Alan Erwin

An education board has won its appeal against being found to have failed in its duties to a dyslexic schoolboy.

Senior judges overturned a High Court ruling that direct teaching support should be made available sooner than proposed.

Lawyers for the unidentified board had contested the original verdict, arguing that everything possible was being done within available resources.

Backing their case, Lord Justice Coghlin said there was no expert evidence to establish the child's dyslexia was serious enough to require priority attention.

Legal proceedings were initially brought by the 10-year-old boy's mother over the time being taken to provide the support set out in an educational psychology assessment.

It was claimed that new criteria were applied without ratification when it changed his arrangements.

The decision was improperly motivated by saving resources, breached the child's human rights, and failed to consider his legitimate expectation of receiving direct literacy support in September 2011, her lawyers alleged.

Although her son was to be considered as a priority for 2012-13, the boy's mother launched judicial review proceedings.

The board contended, however, that it has no statutory duty to provide for his special educational needs as he is only at Stage 3 of the process of identification and assessment.

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