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Man with dyslexia sues school, claiming negligence harmed his job prospects

Sarah Cassidy,Education Correspondent
Tuesday 10 September 2002 00:00 BST

A man who claims that his employment prospects were wrecked by his former school's failure to diagnose his dyslexia is suing for more than £400,000 in compensation.

Wesley Henderson, 22, of Ashingdon, Essex, claims he was a victim of "education negligence" while a pupil at Greensward College, Hockley, between 1991 and 1996. Mr Henderson's lawyers say the comprehensive school failed to deal adequately with his special educational needs and prevented him from achieving his academic potential. He is suing the school's governors and Essex County Council, which deny liability in the case.

Schools and councils in England have been bracing themselves for a wave of cases involving "educational negligence" since a legal precedent was established in 2000 by the case of 26-year-old Pamela Phelps. Miss Phelps was awarded £46,650 for the failure of the London borough of Hillingdon to diagnose her dyslexia when she was at school.

Neil Moody, counsel for the school's governors, told a preliminary High Court hearing that Mr Henderson was claiming about £400,000 damages for his past and future loss of earnings alone.

Mr Moody told Mr Justice Elias that it was the school's case that Mr Henderson's special needs were recognised at an early stage and dealt with. He will argue that Mr Henderson's academic achievement was roughly in line with his ability.

He said the school would also claim that Mr Henderson had been disruptive in class and had made insufficient effort. Mr Moody told the judge that, even if the school was proved negligent, Mr Henderson had suffered no loss as he had "failed to accept the help that was offered to him".

He also accused Mr Henderson of being involved in drugs at school, an allegation that John Greenbourne, Mr Henderson's counsel, described as scandalous.

The case is due to be heard at the High Court on 14 October and is expected to last about five days.

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