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Amelia Newbold, Solicitor

Amelia Newbold, Solicitor

t: 0115 976 6583

f: 0115 947 5246

anewbold@brownejacobson.com

 

 

Lorna Hardman, Partner

 

Lorna Hardman, Partner

t: 0115 976 6228

f: 0115 947 5246

lhardman@brownejacobson.com

 

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Claim against speech and language therapists fails

30 May 2008

 

On 20 May 2008 Judgment was handed down in the matter of Anthony Crowley v Surrey County Council, Kingston Primary Care Trust and South West London Strategic Health Authority.  Browne Jacobson acted for the Health Authorities on instructions from the NHS Litigation Authority.

 

The claim can be broadly categorised as an “educational negligence” claim, one of an ever diminishing number of such claims which proceed to trial given the inherent difficulties in establishing a breach of duty, together with the fact that the level of damages awarded tend to be modest, particularly when compared to the significant costs involved. 

 

The claimant, who has since been diagnosed with schizophrenia, had various language and learning difficulties whilst at school.  The claim is unusual in that it is the first of its kind to involve allegations against NHS speech and language therapists, in this case employed by various Health Authorities between 1987 and 1995.  Specifically, allegations were made against various speech and language therapists in respect of a failure to undertake appropriate assessments of the claimant and diagnose a specific language disorder.  It was also claimed that an educational psychologist employed by Surrey County Council failed to recognise the claimant’s language difficulties and initiate a statutory assessment of the his special educational needs. 

 

To succeed at trial, the claimant needed to establish that:

  • He had a specific language disorder which was amenable to treatment, as opposed to speech and language difficulties in line with his mild global delay
  • But for the alleged failure by the educational psychologist and speech and language therapists, he would have received different education and speech and language therapy provision between 1990 and 1995 which would have enabled him to obtain qualifications and gain better social and communication skills prior to the onset of his schizophrenia
  • Whilst the claimant was in any event of low intelligence, the difference made to his pre-morbid condition would have improved his current prognosis enabling him to obtain sheltered employment and be capable of semi-independent living

 

During the course of the nine day trial, Mr Justice Foskett heard detailed evidence from educational psychology, speech and language therapy and psychiatry experts.  On the basis of all the evidence, the claim was dismissed.  Mr Justice Foskett found no negligent failure by the educational psychologist or the speech and language therapists for failing to diagnose a speech and language disorder.  In this respect, it was clear that the claimant was something of a diagnostic conundrum and that against the background of all his difficulties, it was not possible to conclude that anyone conducting an assessment of the claimant that accorded with reasonable practice at the relevant time negligently “missed” discovering a specific language disorder. 

 

The case highlights the merits of taking a robust stance to this type of speculative claim.  Local Authorities will be pleased at the outcome which represents another nail in the coffin for educational negligence claims.  Similarly, this is a good news story for Health Authorities and speech and language therapists, against whom a potential flurry of litigation could have been anticipated had the claimant been successful.

 

For more information or advice, please contact Amelia Newbold or Lorna Hardman.

 

The content of this bulletin is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.