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Wednesday, November 4, 1998 Published at 15:08 GMT


Education

Dyslexic loses claim against council

Pamela Phelps after her High Court award last year

A 24-year-old woman who had been awarded £45,650 by the courts because her schools failed to diagnose she was dyslexic, has had her damages taken away.

The Court of Appeal has ruled that her west London education authority was not to blame.

Pamela Phelps, who left school with a reading age of 10, was awarded the damages last September when the High Court ruled that the London Borough of Hillingdon had negligently failed to diagnose her dyslexia.


[ image: The dyslexia test case could have been followed by other ex-pupils seeking damages]
The dyslexia test case could have been followed by other ex-pupils seeking damages
In the High Court ruling, the judge accepted that an educational psychologist had shown professional incompetence.

Ms Phelps had claimed that the failure of the education authority to diagnose her dyslexia until two months before leaving school had left with her no chance of qualifications and had consigned her to an adult life stuck in "temporary menial" employment.

The case was seen as significant for many other pupils and former pupils with special educational needs considering damages claims against schools and education authorities.

But today the appeal judges said that it was a "virtually impossible task" for courts to retrospectively determine loss of potential earnings based on speculation about how well pupils might have performed with different teaching.

'Vexatious claims'

Lord Justice Stuart-Smith said that the test case had raised the "serious risk that vexatious claims may be brought against many teachers or educational psychologists many years after the relevant decisions were taken".

The judge warned that "scarce resources" for education could have been spent fighting such cases.

The solicitors who represented Hillingdon council said that this was "a very significant decision. Had the appeal failed, local education authorities would have been faced with investigating circumstances going back over a long period where relevant witnesses and documentation might no longer be available."

A spokesperson for Ms Phelps's solicitors said that the ruling would be a "very real disappointment to all those who suffer from special educational needs and who feel that the current educational system does not afford them sufficient protection when the system breaks down".

An appeal to the House of Lords is being considered.



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British Dyslexia Association

London Borough of Hillingdon


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