Education Law Case Study: Failure of special school to prevent autistic boy from absconding

Who did we act for?

We were instructed by James’ mother to address safeguarding issues relating to James absconding both from school and whilst on a school trip which resulted in him running on a busy main road unsupervised.

What was the case about?

James, aged 11, is severely autistic and has been placed in a special school for the last three years.  James has an Education Health and Care Plan which identifies various difficulties including delayed language skills, difficulties with communication and concentration and difficulties understanding instructions.  The school was well aware that James posed a flight risk.

Over a two-month period several incidents occurred involving James absconding whilst under the care and supervision of the special school. These incidents resulted in James being in dangerous, distressing and confusing situations for a child with his significant difficulties. Insufficient supervision was provided for James by the special school and these incidents could have been avoided if the school had put in place strategies required to keep James safe.

The school tended to suggest that the responsibility for the absconding was with James rather than the school staff who failed to follow procedures clearly detailed in James’ EHCP and a number of risk assessments.

What did we do?

Our initial investigation involved reviewing all the documents that were held by James’ mother and assessing what further information we required to support their complaint. We then requested James’ school file. We drafted a thorough Letter of Complaint to the school which addressed all the incidents, the school’s distinct failures and the remedies sought by James and his mother. This letter included a clear timeline of events and photographs where appropriate.

The school responded by initiating an investigation into the complaint in line with their complaints procedure.

What was the outcome?

The school provided a detailed outcome to the complaint investigation which noted that they were aware of the safeguarding issues which had arisen during the incidents. The school upheld many of the complaints and agreed to change their policies, making safeguarding a priority for the pupils under their care. Pupils in the future will benefit greatly from these changes which are a result of the successful complaint by James’ mother.

The distress that these absconding incidents caused to James’ mother cannot be underestimated.  In addition, a genuine apology was provided by a member of the Senior Leadership Team addressing her significant concerns directly.