Parents launch legal battle over autistic boy’s education

If successful, the test case against Edinburgh City Council would compel education departments across Scotland to fund home tuition of more autistic children.

Scott and Jill Guild, who have raised a judicial review at the Court of Session in Edinburgh, are currently paying more than 1,000 a month in fees for their severely autistic son, Jack, six , to be taught at home.

They claim the council’s decision to fund only a school-based programme for Jack at the city’s St Crispin’s special school fails to take into account his specific needs.

Currently, only four Scottish authorities offer home-based education programmes for autistic children. In England and Wales, at least 63 authorities give financial support.

However, under the Standards in Scottish Schools Act 2000, it was stipulated for the first time that every child in Scotland has a right to an education.

Mr Guild believes this right is being denied to his son because the council does not make provision for funding home education.

He said: "The last time Jack was put into a playroom with other children he just could not interact. He was flapping his arms about and paying no attention to anyone else in the room.

"We believe he is incapable of learning in any classroom environment, but the council has only offered him that option.

"There is a wide spectrum of autism and the treatment for those with more severe conditions in Scotland is not very tailored."

Mr Guild said Jack had made leaps and bounds since he began the home education programme more than two years ago . He said: "He is much more confident and much more affectionate than he was at the beginning. He wants to be with us now.

"We are now at the stage where we build on that progress by giving him a more structured education. He is currently at the level of a two or three-year-old in his development, but he is already beginning to learn at the same speed as his peer group. We feel that if there were any change to his current teaching programme, the progress would be lost."

A spokesman for Edinburgh council would not comment on individual cases. However, in previous statements on provision for autism, the authority has always insisted it offers an in-depth service.

A spokeswoman for the education department said: "We have a very comprehensive and detailed approach to working with parents and children who have particular needs like autism. We work in a multi-disciplinary way, joining up education, social work and health.

"Our service enables parents and children to have continuity across all these different service providers."

Under the terms of the judicial review, Mr Guild claims the council has failed to comply with its statutory duty, in that the Education Act obliges local authorities to make appropriate provision for all children in their area who have special educational needs.

The first hearing of the case in December was postponed to allow the council to complete a review of Jack’s situation. Once the review has been completed, another hearing will be arranged unless agreement is reached between both sides.

Mr and Mrs Guild believe their son has suffered from autism since he was immunised with the MMR jab at just 15 months old.