Fri 2 Jul 2004

Dyslexic sues over 'teachers' failings'

JOHN ROBERTSON
LAW CORRESPONDENT


Key points
• Glasgow council sued over teachers’ failure to identify pupil's dyslexia
• First case of kind in Scotland follows similar action in England
• Council claims nothing to suggest dyslexia although man diagnosed at school

Key quote
"At times, he appeared to be under-performing ... there were legitimate reasons,
not necessarily of a dyslexic character, which accounted for this" - Glasgow
City Council

Story in full A MAN is claiming £100,000 damages in a pioneering court action
over the alleged failure of teachers to identify that he suffered from dyslexia.

David Lannigan, 24, says he attained poor results and was unable to fulfil a
desire to go to university, but it might have been different if his condition
had been diagnosed earlier.

In what is understood to be the first case of its kind in Scotland, following
successful similar actions in England, Mr Lannigan is suing Glasgow City Council
for the alleged negligence of teachers and learning support staff.

The council maintains that Mr Lannigan’s performance at Shawlands Primary School
and Shawlands Academy could be explained by a number of reasons, including a low
general ability, and that there had been nothing to suggest dyslexia.

Yesterday, a judge at the Court of Session in Edinburgh began hearing
preliminary argument in the case. The council says the action is time-barred and
should be dismissed.

The court was told that Mr Lannigan, of Herries Road, Glasgow, had suffered all
his life from a specific learning difficulty, motor dyslexia. As a result, while
his reading was reasonable, his writing, spelling and number skills were poor.

Mr Lannigan’s lawyers claim that initially, teachers at his primary school told
his parents that his early start at school, at four, had been responsible for
his problems.

His parents say that they raised with staff at the academy the possibility that
their son was suffering from dyslexia.

"Had the learning support staff assessed him adequately, with a reference to a
specialist such as an educational psychologist, then his condition would have
been confirmed," Mr Lannigan’s lawyers stated.

Later, a friend of the family suggested that Mr Lannigan’s "pattern" was
indicative of dyslexia, and his parents had him assessed at the Dyslexia
Institute. He was diagnosed as having motor dyslexia. By then, he was in his
final year at the academy and he was allowed extra time to complete his Higher
papers. He gained pass marks in physics and geography, both with D grades.

With special help which became available after diagnosis and which alleviated
his problems, Mr Lannigan went on to work as a civil servant. However, if the
dyslexia had been identified earlier, the lawyers claimed, it was likely that he
would have gained better exam results and been able to enjoy a lucrative career
in computing.

"None of the teachers and learning support staff identified the fact that he had
a specific learning disability," it was alleged.

"He suffered a miserable time at the schools. His whole future life has been
blighted by the fact that the bulk of his school career was wasted."

Glasgow council, successor of Strathclyde Region as education authority, said
there had been nothing in Mr Lannigan’s progress through primary and secondary
to suggest dyslexia.

"He demonstrated a level of success which was considered commensurate with his
general ability," claimed the council. "At times, he appeared to be
under-performing ... there were legitimate reasons, not necessarily of a
dyslexic character, which accounted for this."

Mr Lannigan’s lawyers admitted that because of problems with previous
solicitors, his case had not been raised within the required three years of his
diagnosis and was time-barred. However, they submitted to the judge, Roderick
Macdonald, QC, that he should exercise his discretion and allow the action.

Mr Macdonald will rule later.


This article:

http://news.scotsman.com/index.cfm?id=755192004

Teaching:

http://news.scotsman.com/topics.cfm?tid=493




http://www.danda.org.uk/
DANDA – the Developmental Adult Neuro-Diversity Association

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