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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Over the years I had speech and language therapist until I

Customer Question

Over the years I had speech and language therapist until I was 16 years old and I was told I had a speech and language disorder which wasn't true. In 2012 I was diagnosed with Asperger Syndrome when I was 30 years old and had all the signs of AS. If I had been diagnosed with it at school I could have got all the help I needed during School and out of the education and got a job I wanted to do. I was statement in school but finished when i finished school but I was statemented wrong. I want to know if I could sue the education system or the department who looks after the speech therapist department.
Submitted: 3 months ago.
Category: UK Law
Expert:  Stuart J replied 3 months ago.

Good afternoon. Thank you for the question. It is my pleasure to assist you with this today.

Your claim would be against the language therapist in negligence. You would bring the claim against the employer on the basis that they are vicariously (jointly) liable for the conduct of their employees servants and agents.

Time doesn’t start to run until you reach 18 years of age and there is a six-year time limit either from the negligent act, or 18 years of age if later, or from the date of knowledge subject to a long stop period of 15 years.

Doing some simple maths, you now appear to be 34 years old because you say that you are diagnosed with aspergers in 2012 when you were 34.

That is 16 years ago and hence you are out of time for bringing a claim against the school.

There would be no legal aid for this and even if you were in time, you will be forced to pay your own legal costs is and it is unlikely that would get solicitors to deal with this on a no win no fee basis.

I’m sorry, I wish I could give you a more favourable answer but that’s the situation.

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively. If you don’t rate it positively, the then I don’t get any credit for my time.

You may get the impression the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards

Stuart

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