Mother of autistic girl who tried to take own life in school isolation booth threatens to sue government

Guidance on use of segregation is 'not fit for purpose' and 'children are suffering,' lawyer says

The mother of an autistic child who tried to take her own life in an isolation booth at an academy school is threatening legal action against the government.

The girl, who has autistic spectrum disorder, was put in isolation by her school in Kent for more than a month, where she was forced to remain silent and had no directed teaching.

Lawyers are seeking to take High Court action against the Department for Education (DfE) on behalf of the girl and another boy at a school in Nottinghamshire amid concerns that government guidance on isolation booths is damaging the mental health of thousands of children.

The law firm Simpson Millar said the DfE had failed to recognise the consequences of a widespread use of isolation booths, were pupils are sent when they are removed from a classroom, adding that the areas have been used as a “dumping ground” for children with special educational needs (SEN).

In a pre-action letter lawyers said extended time in isolation had had a significant impact on the teenage girl. “It has caused her depression. It also led to her taking an overdose while in the isolation room itself,” they said.

It comes after ministers were warned last year that schools were fuelling a mental health crisis among children by isolating them in harsh “consequences booths” for whole days.

A recent BBC investigation found that more than 200 children were placed in isolation booths for am entire week and around 5,000 children with SEN attended isolation rooms.

Government guidance states that isolation rooms should only be used for “a limited period”.

Dan Rosenberg, an education solicitor at Simpson Millar, said: “What was originally a method for dealing with an immediate crisis in a classroom is now being used as a low-cost solution for the long-term management of pupils, to the detriment of their mental health and education.

“The current guidance is not fit for purpose, and as a result children are suffering.”

The lawyers said they would take action to launch a judicial review if the DfE does not respond to its letter.

A DfE spokesperson said: “We are considering the letter carefully. It would be inappropriate to comment further at this stage.”

Samaritans is available 24/7 every single day of the year to listen and offer support to anyone who is struggling to cope. People can contact Samaritans by phone, free of charge, on: 116123, via email: jo@samaritans.org, or visit samaritans.org to find details of their local branch. Papyrus can be contacted on 0800 068 41 41 or 07786 209 697