This essay intends to critically analyse and explore the case of A (Appellant) v Essex County Council (Respondent) [2010] UKSC 33. This is an important case in relation to the growth of judicial understanding of Article 2, Protocol 1 of the serviceman Rights identification number 1998 (A2P1). I testament present the facts of the case as reported and detail the relevant questions of law whilst also elucidating on the Ratio Decidendi of the judgement. There are a number of natural Human Rights which will be discussed a propos the incorporation of the Act into domestic law, which, when explored, chart the development of legislation around educating children with exceptional needs. There wasnt unanimity on certain issues indoors the commanding Court and Lady Hales withstand is discussed in depth, as hale as problems with the limitation issue. utilise previous case law and judicial precedent, I will show how previous domestic and European cases helped influence the Supreme Courts understanding of the very core of the right to education under A2P1 and the social and financial impact of bringing rights home.
The Facts
The appellant in this case, a 12 year old boy at the beginning of the alleged rights breach, suffered from autism and severe behavioural challenges which made it touchy for him to participate in mainstream education. In January 2002 As parents were put across to remove him from the school, on the grounds of Health and Safety, until other, mutually good arrangements could be made for the provision of his education. Concurrently, it was expected that A would adjoin an urgent residential medical assessment as well as receiving regular course work and speech therapy from the school. The latter(prenominal) was undertaken in a limited sense, but the former was detain for a period of 8 months. After As assessment, it was recommended that his needs would be better met in a 24 hour residential education support unit.
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