What’s right for the child?

Imagine coping with a child who cries for no apparent reason, hurts themselves because they have no idea of danger or the consequence of their actions, is hypersensitive to noise, crowds and lights, and generally does not respond in the same way as his peers. Then imagine the fear of sending that child to mainstream school knowing he will not cope.

Fiona El-Taweel’s son Ali, now ten, was that child. He was diagnosed with severe autism at the age of five and she soon realised that sending him to mainstream school was not working.

What she didn’t know was that she would have to embark on a two-year legal battle to get her son the care he needed. Reflecting on her long struggle, Mrs El-Taweel is convinced that a successful outcome was only possible through the intervention and support of the Education Rights Service.

The service, which is celebrating its fifth anniversary this week, is a partnership between legal firm Harper Macleod LLP and the National Autistic Society (NAS).

It was established to offer free legal advice to parents with a child, or children, with autism to enable their children to go to schools that can deal with their complex needs.

Children with autism often cope very badly at mainstream schools. As a result, more than 27 per cent of autistic children have been excluded from schools.

When Mrs El-Taweel, from Helensburgh, realised that Ali’s needs could not be met by a mainstream school, she found herself battling with professionals and her local authority.

She searched all the local schools to ask if they could accept and support her son, and the answer was always no.

She looked outside her local authority area, Argyll and Bute, and found Daldorch House School in Catrine, Ayrshire, which specialises in supporting children with complex needs.

Here she saw children with autism who were happy, healthy and well-supported, while her own son often seemed miserable, frightened and disorientated at his school.

To get Ali into Daldorch, she needed a referral, and to get this she had to prove the school he was in was providing inadequate support.

“I felt like I was fighting a battle on so many fronts,” Mrs El-Taweel recalls. “As Ali started to absorb my attention, my marriage took the strain. My mother was diagnosed with terminal cancer and I started caring for her. It was around this time that our second child Ayesha also started showing signs of autism. She was diagnosed with Asperger syndrome when she was five. This was more than I felt I could deal with alone.”

She approached the National Autistic Society and was put in touch with Harper Macleod, which prepared a case to take to tribunal.

“I don’t feel I could have handled it by myself,” admits Mrs El-Taweel, “especially alongside the other challenges I was facing at the time. In my former job as a police officer, I had to attend some court cases where the judge was quite dismissive of people who tried to defend themselves. Being represented by someone who understands the legalities felt like a great pressure was being removed.”

After a two-day hearing, the El-Taweel family secured the result they were looking for. Ali has now been at Daldorch House for four years, where he is happy and continues to thrive.

Mrs El-Taweel says: “Ali looks at face value like a ‘typical’ ten-year-old boy – no-one but he knows the utter pain he must be suffering at times – but I feel, owing to the immense dedication of staff at Daldorch House School, his challenging behaviours have noticeably diminished and he is able to make his wants and needs known. Ali is now a happy, healthy, popular member of both his communities.”

The service offered by Harper Macleod and the NAS is the only one to tackle the complex issues facing families affected by autism in Scotland, and has provided pro bono help, support and information to more than 1,200 families since its launch in 2006.

Dr Robert Moffat, national director of NAS Scotland, says: “Some children with autism need a lifetime of care, but many want to go to school, have friends and enjoy opportunities to learn and play, just like any other child. They just need the right support at the right time to achieve their goals.

“In their support of families affected by autism, Harper Macleod has been overwhelmingly generous with its time, resources and expertise. Working in partnership with NAS Scotland, the last five years have produced crucial, positive results and transformed lives.”

Stephanie Carr, a partner at Harper Macleod, who has led the service since its launch, says: “Many law firms donate to charities, but at Harper Macleod we believe that invaluable support can be given by our solicitors to families who require assistance with preparation and presentation of cases.”

She stresses that the partnership has also been valuable for the firm.

“Working with the National Autistic Society Scotland is an invaluable experience for Harper Macleod. We strongly believe that every child has the right to the education that best suits their needs and we work closely with families and NAS Scotland to help make this a reality.”

Mrs El-Taweel recognises the huge contribution made by the Education Rights Service: “We are all very positive for our lives and fear they may have been very different if we had not had the support of NAS, and Harper Macleod solicitors.

“They were instrumental in securing a brighter, more positive future for all of the family by winning our tribunal.

“We do appreciate the financial constraints any local authority must face, especially Argyll and Bute with its vast geographical area – but every child is entitled to a full life which includes an appropriate education.”

Mrs El-Taweel’s daughter is still in mainstream education.