Help finding case law R v Wandsworth BC ex part M [1998] ELR 424

[Pilaf]

Is there someone with a legal background who can help me find the full text to his case law?
R v Wandsworth BC ex part M [1998] ELR 424

It focuses on what experienced means in a statement

I have tried Google but no success
Thank you

I have access to legal databases I will try and get a copy.

Hi - I've tried, JUSTIS.. Lexis and Westlaw and none of them have the full text. The electronic reports mustn't go back that far.

I have found this summary in case it helps:

M was a minor with autism whose parents were concerned with the suitability of the school which came within W's jurisdiction. There were no schools specialising in autism within the borough and the parents sought a referral. The decision of the tribunal was that the school was appropriate to meet M's needs but that the statement should be amended to include for the provision of a "teacher who is experienced in working with pupils who have significant learning difficulties and autism/communication disorders". W employed a teacher whose experience was questioned by the parents as being insufficient and failing to meet the description set by the Special Educational Needs Tribunal. Leave for judicial review was granted and evidence was provided as to the qualification of the teacher and what was considered to be an "experienced" teacher as per the amended statement. It transpired that the teacher concerned was an overseas qualified teacher and was not actually employed by W or by the school's governors, but was supplied by an agency. The teacher had obtained a Higher Diploma in Education, which included a module called "remedial education", of which one element dealt with autism. The teacher's first employment involved attendance at another maintained special school as a float teacher, from which there was contact with some children with autism. In the next school year, the teacher moved to M's school and was assigned control of his class. Consideration was given to the National Autistic Society and the requirements for their own teachers. The ordinary meaning and interpretation of the word "experience" and "experienced" was also considered. The court felt that the appropriate time to consider the teacher's experience was the date on which leave was granted, and that as such, experience is not a finite definition, but is a continuing test. The court warned that a teacher who is not experienced today may be an experienced teacher tomorrow. The court felt that to be experienced meant to have "a real and sufficient fund of experience and not merely having encountered in practice a particular subject or topic. In relation to teaching children with autistic disorders it must mean having a substantial trade record of teaching and working with such children".

Held, that W had failed in their duty to comply with the amended statement and that the need to comply with the statement was a continuing duty upon the director of education and was something that must be continually reviewed and considered.

Thank you appropriatelyemployed, much appreciated. It does help although it would be very useful to me to have the full details of the case.

I think the only thing you can do is find a library (perhaps a local University library) which will allow you access. They should have a copy of the Education Law Reports. If it's not on the legal databases, it means there is no electronic copy available

www.mkparents.org/gDocs/08.03.13%20%20SENDIST%20Preparation%20-%20D.%20Hay.pdf

This is useful read if you are doing the tribunal journey and mentions the case.