Romy was over-infused with dextrose. This caused a perfusion injury to her brain and resulted in severe learning difficulties including Autistic Spectrum Disorder.
At the time of the High Court trial, in 2008, Romy was being educated at a state-funded special needs primary school in Hertfordshire. All the experts agreed that this was very likely to be unsuitable for her future needs. Romy’s parents objected to the proposed named school in the statement and wished to appeal to the Special Educational Needs and Disability Tribunal (SENDT).
At the trial, Mr Justice Penry-Davey awarded damages to Romy to allow her to appeal the statement and he adjourned the issue of her claim for the cost of future education in the following terms:
“Mr & Mrs Smith want the Claimant to attend Radlett Lodge School but the issue of funding is unlikely to be resolved before the outcome of two Tribunal Appeals... Because there are potentially large sums involved in my Judgment it is appropriate that I give liberty to the Claimant to apply for a future trial on the issue of damages for school, care and therapy fees to the age of 19 in the event of an appropriate Education Authority failing to meet the expenses of the appropriate school.”
In the event, Romy’s appeal to the SENDT was not successful. As a result it was necessary for Paul McNeil to seek to compel the Hospital Trust to pay the substantial costs of the Radlett Lodge School which has a pre-eminent reputation for successfully educating children with Autistic Spectrum Disorder. Indeed, by the time of the hearing Romy had started at the school and both Romy and her parents were extremely happy with the progress she was making.
A few days before the Education Hearing in February 2011, the defendants agreed to pay for Romy’s education at the Radlett School. The past school fees and expenses were paid by way of a lump sum and the future costs were paid by way of an Annual Payment Order which took account of future increases in school fees.
After the case Paul McNeil said:
“In many ways Romy’s case was novel. But in my view the principle is that she is entitled to opt for self-funding (and therefore choosing the best school for her needs) in preference to reliance on the statutory obligations of the Education Authority. This is particularly important when spending cuts are clearly affecting the public provision of education to those with cognitive, behavioral or physical disabilities who most need it.”
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at email@example.com or,
- Complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Fieldfisher has been named as the winners of the Legal 500 United Kingdom 2015: *Claimant Clinical Negligence Award*. Testament to our expertise.
Substantial recovery after a communication breakdown during tonsillectomy triggers a sickle cell crisis, ending in the death of a young girl
Mother requires hip replacement and 6 months in hospital after nursing failure at John Radcliffe Hospital
Damages for family of baby who died 2 days after birth following a series of failings by the United Lincolnshire Hospitals NHS Trust
Merton Council accepts liability for death of teacher who was exposed to asbestos in Mitcham's St Thomas of Canterbury Middle School
The Telegraph reports on the Bedside cot that's still on sale after death of seven-week-old baby Grace Roseman
The Sun reports on Jill Greenfield's case of Grace Roseman who was tragically killed by the“dangerous” Bednest cot in April last year