Court Judgments of England and Wales

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal re. School Placement not IBT (Lovaas) in which child already placed by parents.

Status: The appeal was dismissed.  Leave to appeal requested.

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying home-based IBT (Lovaas) program with eventual mainstreaming.

Status: Appeal dismissed.

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying home-based IBT (Lovaas) program.

Status: Judge concludes that the Local Ed. Auth. (gov’t) has failed to fulfil its statutory duty to arrange appropriate provision, and accordingly the tribunal has erred in law.

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying to fund a home-based IBT (Lovaas) program.

Status: Judge allows the appeal & orders the plaintiffs publicly funded costs to be assessed.

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying to fund a Lovaas/ABA program.

Status: The appeal is dismissed.

Relevant Issues: Statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying to fund a full “waking day”ABA curriculum.

Status: Appeal is dismissed.

Relevant Issues: Child in ABA home programme and parents want school placement in ABA school.  Sp. Ed. Nds and Dis. Tribunal disagree.

Status: Appeal of the London Borough of Southwark against the Sp. Ed. Nds and Dis. Tribunal is dismissed.

Relevant Issues: Child in Lovaas/ABA programme required ABA to continue to be funded by the LEA and continued in the school. The Tribunal disagreed.

Status: Appeal is dismissed.

Relevant Issues: An appeal of the statutory appeal against a decision of a Sp. Ed. Needs Tribunal denying to fund a full “waking day”ABA curriculum.

Status: Appeal is dismissed.

Relevant Issues: Child in Lovaas/ABA programming had funding terminated by LEA.  Parents disagree with specialized school placement.

Status: LEA grounds of appeal is rejected.  The appeal is dismissed. Permission to appeal to the Court of Appeal granted.

Relevant Issues: Statutory Appeal against the Sp. Ed. Nds. Tribunal. Parents want to continue UCLA Model ABA programme.

Status: Appeal not allowed.

Relevant Issues: Parents disagree with school placement for their child who was in an ABA programme.

Status: The judge accepts that the LEA will now fund ABA provision. The judicial review application falls to be dismissed.

Relevant Issues: Parents request that child in intensive ABA program needs to have it continued in the school system.  They disagreed with the school placement the LEA determined.

Status: Judge does not reject reasoning of original decision; however, this is an appeal on law, not fact. Therefore, the appeal is dismissed (with considerable reluctance from the judge).

Relevant Issues: Parents disagreed with the school placement.  Parents request ABA programme to continue.

Status: Appeal is dismissed.  SE.N.Dis. Tribunal decision holds.

Relevant Issues: Parents disagreed with the school placement.  Parents request school that uses ABA.

Status: The judgment is for the respondent (the tribunal).

Relevant Issues: Parents request that child in intensive ABA program needs to have it continued at home. They disagreed with the school placement the LEA determined.

Status: Judge determined that the approach of the Tribunal was wrong as was the conclusion of the lower judge.  Appeal allowed. All 3 justices agree.

Relevant Issues: Child originally in ABA programme. Parents disagreed with the school placement and put child into their preferred school at their cost.

Status: Permission to bring the proceedings is granted and decision of March 8/11 is set aside.

Relevant Issues: Parents disagreed with the school placement.  Child supplemented by ABA programmes.

Status: Permission to appeal is granted to the appellant parent but the appeal does not succeed.

Court Judgments of Northern Ireland

Relevant Issues: Plaintiffs denied funding for home ABA program.

Status: Respondent failed to give individualized consideration to the provision of a funded home-based ABA program.

Relevant Issues: Application for legal aid funding for a Judicial Review to request a school-based ABA program.

Status: Application dismissed.

Relevant Issues: Application for legal aid funding for a Judicial Review to fund an ABA program.

Status: Refusal of leave to apply for judicial review of the Tribunal decision.

Relevant Issues: Application for child to attend a specified special school.

Status: Court directs child to attend the named special school in his statement of special educational needs.