Niki

When parents choose a mainstream place, LEAs cannot use cost alone as a reason for denying it. They must weigh the additional cost against the parents’ preference.

Niki’s parents wanted him to attend a mainstream school, but their LEA refused. The Tribunal upheld the LEA’s decision, and Niki’s parents appealed to the High Court. Although the court upheld the Tribunal, it did rule that when considering whether a mainstream placement for a child with special educational needs represented an ‘inefficient use of resources’, an LEA must go further than simply calculating the additional cost involved (if any). “One has to look at the figures, decide whether there is an additional cost, and then do a balancing exercise weighing the additional cost against the parents’ preference.”

This judgement, known as R v Lancashire County Council ex parte Crane 1997, is now quoted by parents when LEAs deny children places in mainstream schools on the grounds of cost.

Parents’ comments:

“Most people understand the need for equal rights regardless of race, gender or disability but parents of disabled children find it harder than most to secure their children’s rights. That is why IPSEA is so important, providing free advice and support for parents at all stages from classroom to the High Court.”

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