Girl loses claim for school fees

Dr Southern sought help with daughter's school fees

A father has lost his legal effort to get a council to contribute to private school fees for his gifted daughter.

Dr Tim Southern had argued that 14-year-old Caroline was bullied at her local comprehensive in Reading, Berkshire.

At the High Court in London, he tried to get Oxfordshire County Council to pay £2,500 a year towards her education at a private boarding school.

But the council said a "statement" of special needs was not necessary, and the judge agreed it had acted lawfully.

In a judgement issued on Friday, Deputy Judge Andrew Nicol QC ruled that the council had acted properly within its discretion. He refused leave to appeal.

'Unresolved'

Afterwards, Dr Southern said the decision would cause "severe financial hardship" and might force his daughter out of her school.

Her place at Peterborough High School, where fees are more than £4,000 a term, has been funded through charitable donations but she needed a further £2,500 to stay to the end of this year.

His solicitor, Jack Rabinowicz, said: "The judge did not resolve the major issue of whether children of high intelligence are protected in the same way as children at the other end of the spectrum who have serious difficulties in coping with school life.

"He has left the issue to be resolved on another occasion. This could be when an appeal is heard against a decision of the Special Educational Needs Tribunal to exclude consideration of her needs."

'Unhappy and bored'

At the court hearing last December, Caroline's counsel, Nicholas Bowen, said it was common ground that her general ability was in the exceptionally high range with an IQ of 138 and a special talent in science and mental maths.

As a weekly boarder at Peterborough High School she was coping well although she still found it difficult to form relationships with her peers.

An assessment when she was 10 had found that she was unhappy and bored at school and was not achieving her potential.

She preferred to work on her own and found playtime difficult, feeling she had no friends and no common interests with other children her age.

She needed to be stretched academically but also helped socially and emotionally.

Mr Bowen said: "In broad terms, she has failed at mainstream school".

'Improving'

Caroline had been brought up by her divorced father since she was four or five and was given a special needs statement from 1995 to 1998 because of her emotional and behavioural difficulties.

Oxfordshire then took the view that Caroline was improving and that the statement was no longer necessary.

She began her secondary schooling at Reading Girls School - a state comprehensive with below average exam results - until spring 2002, when she effectively gave up on work because she found it too easy.

The court was read a letter from the head teacher, which said: "Caroline is extremely bright and her needs cannot be met in a state comprehensive."

She would be better off in a boarding school that could help develop her social skills.

Her father said she was vulnerable to bullying.

He has said he may apply direct to the Court of Appeal for a further hearing.