9 June 2011 Last updated at 12:31 ET

Suffolk mother wins special needs school court case

William Chapple's mother has campaigned to get him the specialist help he needs

A mother has won a Court of Appeal battle against Suffolk County Council to allow her son with special needs to change schools.

Fiona Chapple, who lives near Stowmarket, doubted William, 12, would receive the right education at Thomas Wolsey School, Ipswich.

The council now faces legal costs that could be in excess of £40,000.

The court found the council failed to provide her with information about the provision being made at the school.

The details had to be obtained via a complaint to the Information Commissioner, despite a legal right to see it.

Special school

On Wednesday, the Court of Appeal ordered substantial costs against Suffolk County Council in both the Court of Appeal and Upper Tribunal which is the equivalent of the High Court in the administrative justice system.

It found the council failed to provide the right education for William.

He is now being transferred to a special school, St Mary's, Bexhill-on Sea, East Sussex.

Mrs Chapple's solicitor, Melinda Nettleton of SEN Legal said: "The decision should make it a great deal easier for parents of children with Statements of Special Educational Needs to secure redress in situations in which local authority officers go along to a tribunal and make claims about what can be provided locally which are less than frank.

"Lord Justice Carnwath was very clear that officers of the Suffolk County Council could and should have known what provision they could provide and his surprise that they seemed not to know is reflected in the order for costs in both the Upper Tribunal and the Court of Appeal."

A Suffolk County Council spokesman said "We have received the judgement; we will review the findings and their implications for Suffolk County Council."