Parents of eight children with major learning difficulties have won a four-month legal battle to have their special educational needs reassessed by Bradford Council.

The parents, who claim the Local Education Authority acted unlawfully in giving mainstream schools the responsibility of deciding how the needs of each child should be met, were preparing for a judicial review in the High Court.

But the Council has agreed to settle the matter out of court by carrying out reassessments and meeting the parents' legal costs. The settlement is expected to be approved at a High Court hearing today.

A statement of special educational need stipulates the level of support assistance required in mainstream school and up until recently detailed how the child's needs should be met.

The parents' solicitor Elaine Maxwell said up to 2,000 children in the district who required a statement would be affected by today's ruling.

She said it was a warning shot to other authorities who were considering a similar change in policy.

She said: "I think the LEA wanted to see how far the parents were prepared to take the challenge. It even asked for their legal aid to be withdrawn.

"It originally wanted to limit the reassessment to the eight children involved - but we stood firm. As a result of this one action every parent will now be entitled to ask for a new statement containing proper details of the provision.

"If that happens I don't know how the LEA will cope. It will be administrative chaos."

Only last week local government watchdog the Audit Commission said 95 per cent of statements issued in the district were not provided within the 18 week time limit.

The eight children, aged between four and 15, suffer from a range of learning handicaps including Downs Syndrome, autism, dyspraxia and dyslexia.

Their parents decided to mount the legal challenge after they were advised by Bradford Council to appeal individually against its policy at a special needs tribunal.

Commenting on today's settlement Carol Beardmore, regional development officer for the Downs Syndrome Association said: "This is great news. We will be sending letters to all parents of children with learning difficulties who attend mainstream schools, urging them to demand a new statement from the Council."

Mrs Beardmore, who's 13-year-old daughter Natalie suffers from Downs Syndrome and attends both Wycliffe Middle School and Bolling Special School, said it was not the job of mainstream schools to decide how funds for each child should be used.

She said: "As parents we cannot expect teachers to know everything about our children - let alone a whole range of conditions which effect special needs children.

"How can a mainstream school match the provision to the need? If it doesn't use it's funding properly, through no fault of its own, it's the children who suffer."

Under the old system Bradford Council was required to issue a statement, assessing the child's needs and giving specific details of how those needs should be met.

Now children are assessed on a points system. The points are linked to funding and it is up to the schools to decide how it spends the money.

Mrs Beardmore said: "The school may choose to spend that money on books or a computer, without being aware that what the child really needs is a support assistant.

"It is vital children with special needs receive the right education and get off to a good start in life. It seems parents with special needs have to fight every inch of the way just to ensure their child gets what they are entitled to."

The mother of two children involved in the action said today she was delighted with the outcome. Val Lightowler, who's two children suffer from Downs Syndrome, said: "As a family we are delighted with what has taken place."

Bradford Council's education directorate said it was pleased the matter had been settled without the need for a judicial review.

It said changes in policy had only been made after careful consideration and consultation and pointed out that some pupils had benefited from a more flexible system.

A spokesman said: "In our view all existing statements are specific to the needs of individual pupils. But, we have listened carefully to parental concerns."

He added new statements had already been issued for the eight children involved.

Councillor David Ward (Lib Dem, Idle) said: "All those involved in putting forward this policy should be ashamed of themselves. I think the Council was calling the parents' bluff and seeing how far they would go. It hasn't paid off."

Alan Davy, Bradford branch secretary of the National Association of Head Teachers, added: "It's going to be a massive job for the LEA to issue new statements. We shall just have to wait and see what happens."

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