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Long battle to help Alex
Jul 7 2003
Tony Collins, Evening Mail
A special needs boy has gained a landmark victory over the city council about where he receives his education - and who pays for it.
Alex Marshall, aged eight, has been fighting to stay at the world-renowned National Institute of Conductive Education, in Moseley.
Birmingham City Council refused to fund his treatment for cerebral palsy after insisting his condition could best be dealt with at the local authority-run Victoria special school, in Northfield.
The council threatened the family with legal action three years ago if they did not send him to Victoria.
Now, after two independent special needs tribunals, the city has been forced to pay for Alex's full treatment at the Moseley institute.
Both panels, made up of special needs experts, ruled that the institute, which uses pioneering methods to treat people with conditions such as cerebral palsy and Parkinson's, was the most suitable place for Alex.
But the Sutton Coldfield family was told it must pay 40 per cent of the £500 a week fees themselves.
Now, after both sides appealed against the tribunal findings, a second hearing has ruled that the city must pay the full cost of Alex's treatment.
His father Les said he was continuing to make significant progress. "This should never have come under the education department. "The city council doesn't look at this as a health problem - they just think it's private education."
Mr Marshall added: "Alex doesn't talk even today and still doesn't sit up, but his progress is consistent. He is really bright, and much more of an individual person."
A council spokeswoman said: "We have agreed to comply with the tribunal decision and this will be reviewed annually in accordance with the special educational needs code of practice."
Mr Marshall hopes the city will fund Alex until age 11.
