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Permission granted in High Court special needs case.

The High Court today granted permission to parents of a child with special needs who sought to challenge a local authority decision to send their child back to a school that was accused of sending the child home on a bus without clothing from the waist down. The name of the child cannot be released as the court granted an anonymity order. The child's parents were horrified when they learned that their teenage child had returned home on a bus full of children and demanded an investigation seeking further information as to how the events were allowed to happen. They also sought to remove the child who has significant special needs from the school seeking an alternative placement. The local authority challenged the request, claiming that the child could return to the same school even though it had not completed its investigations. Mr Michael Charles representing the child and the parents said "The case raises an important point of law. Up to now the question of what is deemed to be suitable in home education cases is regarded as a matter solely for the local authority to decide. However, this case raises the significant issue of the inter relationship of the first tier special needs tribunal and the duty to provide suitable education under section 19 of the Education Act. This will be the first case that will decide these matters under the new educational regime following the passage of the Children and Families Act." He added "The circumstances that gave rise to this case are extraordinary. No parent should expect a child to be treated with such indignity." Matt Wyard pupil barrister who attended the High Court as an assistant to senior lawyers said "This is clearly an important case. The High Court granting permission is a matter of significance as it will highlight that local authority decisions in home education cases cannot always stand without challenge." Charlotte Hadfield counsel appeared for the family.