Negligence claims can be brought against schools and/or Local Authorities for failure to provide suitable education to children during their formative years. These cases can be expensive, time consuming and require a lot of investigation. Much will depend on the evidence and, in particular, expert evidence to assess the long term damage that may have been caused.
The young person has 3 years from the age of 18 to bring a claim, therefore until the person turns 21.
Cases can be brought after that date if the date of knowledge is later e.g. if someone only becomes aware through an expert report that they have dyslexia at the age of 23.
A claim can be brought sooner depending on the circumstances. However, this will depend on evidence. Long term damage is very hard to prove and quantify until the child has completed their education.
Negligence claims are brought by way of litigation in the courts. Before any claim is brought, it is important to bring together all the evidence and to ensure that a claim is created by way of a pre-action protocol letter. Successful educational negligence claims are few and far between. A good case will generally settle before the matter gets to trial.
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