Noah is a bright and inquisitive 12-year-old boy diagnosed with Autism Spectrum Disorder (ASD) and Pathological Demand Avoidance (PDA). From an early age, he found the busy and unpredictable nature of school overwhelming. Sensory overload, noise and social demands in large classrooms made daily life distressing.
By Year 5, Noah was no longer able to attend his mainstream class of 34 pupils. His behaviour increasingly reflected his anxiety: frequent emotional outbursts, shutdowns and significant physical dysregulation. Although his primary school worked hard to adapt provision, it became clear that Noah needed specialist education, consistent therapeutic support and an environment designed for children with similar needs.
Despite clear and consistent evidence from professionals, the Local Authority issued an EHCP in December 2022 naming a mainstream secondary school—St Paul’s—with a developing Autism Resource Provision (ARP). This decision set the stage for a difficult and traumatic year.
A placement that was never going to work
Noah’s parents were shocked to find a mainstream placement named in the final EHCP. They had repeatedly explained that their son needed a low-arousal specialist setting experienced in supporting children with PDA. Although the Local Authority consulted their preferred school, Potterspury Lodge, it ultimately disregarded parental preference and professional evidence.
During the transition process in summer 2023, it quickly became clear that the placement at St Paul’s could not meet Noah’s needs. The “specialist” unit was a single classroom within the main school building, sharing corridors and facilities with 1,600 other pupils. There was no separate space or dedicated environment.
Noah became overwhelmed from his first visit. Within days, he was asked to complete cognitive ability tests under pressure without the agreed adjustments. His fear and anxiety escalated.
On 14 September 2023, a serious incident occurred. Noah became distressed, was physically restrained, and was held in isolation for approximately an hour. He was then told not to return “for health and safety reasons”. His parents later discovered scratches on his body. Noah’s GP confirmed that he was unable to attend school due to trauma and anxiety arising from the incident.
From that point onwards, Noah was out of education altogether.
Turning to Enable Law for help
Noah’s parents contacted Enable Law’s Special Educational Needs team for support. Our lawyers quickly identified several legal failings, including the naming of an unsuitable placement and the failure to provide education under Section 19 of the Education Act 1996.
We supported Noah’s parents with a SEND Tribunal appeal challenging the EHCP and pressed the Local Authority to provide interim education while the appeal was ongoing. Despite Tribunal directions to comply, the Local Authority repeatedly failed to act.
Enable Law coordinated independent expert evidence from a clinical psychologist, educational psychologist, speech and language therapist and occupational therapist. All concluded that Noah required a personalised therapeutic package delivered outside a school environment. We also referenced recent case law confirming that a child’s opposition to a setting—and the anxiety caused by it—must be properly considered when determining what constitutes “suitable education”.
A breakthrough after months of struggle
In late 2024, following sustained pressure and detailed legal submissions from Enable Law, the Local Authority finally accepted that Noah could not access a school environment. In December 2024, it agreed to fund Education Otherwise Than At School (EOTAS): a bespoke education and therapy package delivered at home and in the community by specialist professionals.
The package included flexible one-to-one tuition, mentoring from an experienced PDA practitioner, structured sensory and movement support, and integrated therapeutic input from occupational therapy and speech and language therapy.
At the final Tribunal hearing in January 2025, both parties confirmed agreement on key sections of the EHCP. The Tribunal emphasised that implementation must be urgent, recognising that Noah had spent more than a year without suitable education.
A family finally sees their son thrive
The outcome marked an important turning point for Noah and his family. After a year of trauma, unsuitable provision and administrative resistance, Noah finally had access to education in a way he could engage with—on his own terms.
His mother recently shared:
“It’s taken a while to find education that works for him… but now he has a specialist teacher delivering learning in a non-direct way at home. He is happy. He is regulated 90% of the time and continues with gym sessions, as well as his therapy. Socially he’s doing incredibly well. He even went to a birthday party with children he didn’t know and stayed the whole day. We are so thankful to finally see the real Noah every day now he has the education he needs.”
The case reinforces an essential legal principle: suitable education must be something a child can actually access—not simply something that exists in theory.
Helping other families navigate the same challenges
Cases like Noah’s highlight the value of specialist legal representation in EHCP disputes. Enable Law’s SEND team supports families across England and Wales to:
- challenge unsuitable placements
- secure lawful EHCPs
- obtain interim education under Section 19
- secure specialist school or EOTAS arrangements
- ensure each child’s wishes, feelings and lived experience remain central to decision-making
If your child is out of education, unable to attend school because of anxiety, or you are challenging a Local Authority placement decision, our specialist SEN Education Team can help. To have a discussion with one of our specialist solicitors call us for free on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient for you.
