Welsh Government acted unlawfully and discriminated against student with complex learning needs

THE Welsh Government acted unlawfully and discriminated against a student with learning and developmental needs by refusing to fund his continued education, a landmark High Court ruling has found.

- ABBIE WIGHTWICK Education editor [e-mail]

In its ruling, formally sealed on October 3, the High Court found the Welsh Government breached equality law and its public-sector equality duty in relation to James Humphries, now 20, from Cardiff, a student at Coleg Elidyr in Carmarthenshire.

James' parents, Neil and Lyndsey Humphries, said they are relieved for their son but that it was "disgraceful they had been embroiled in a legal battle" for his rights.

The Welsh Government has now been ordered to pay back college fees paid for privately and the family's legal costs.

Michael Charles, chief executive director and solicitor at Cardiff law firm SinclairsLaw, who represented James, said the case "has major implications for disabled learners and families across Wales".

He believes the case has wider implications for hundreds of disabled learners in Wales who may have been denied further education under the same policy.

The landmark judgment could prompt a review of historic cases and potentially compensation claims where the so-called two-year rule was applied inflexibly.

Neil and Lyndsey are now calling for a public inquiry into how many others were denied education under this policy, which the High Court deemed unlawful.

James, who is described as having complex disabilities, lacking capacity, and has autistic characteristics, had flourished at Coleg Elidyr, where he developed his literacy, independence, and life skills and completed a Duke of Edinburgh Award.

His teachers, social workers and an independent psychologist all agreed he needed to remain at the college on its skills for life programme but the Welsh Government refused to continue funding the course after he completed two years last December.