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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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My son is 26 years old and has Asperger Syndrome Throughout

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My son is 26 years old and has Asperger Syndrome Throughout his schooling he was bullied by pupils and teachers alike. His mental health has deteriorated recently and he is experiencing flash backs regarding what happened to him. (There were many incidents, including a teacher grabbing him by the throat). We feel that he has been badly let down by the education department and also was discriminated against. Can we sue the local authority concerned?
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but you are time barred to bring any action under the Limitation Act.
Proceeding on the basis that you did have a claim in negligence essentially you had six years from the date of his eighteen birthday to bring an action because that is when he reached adulthood.
There are stays in time for those suffering from severe mental health problems but Aspergers Syndrome would not get over the hurdle.
You can apply to extend time under S32 Limitation Act 1980 but you need to show a really good reason like he had been literally unconscious
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
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Customer: replied 3 years ago.

what is meant by "a stay in time" please.

To extend the limitation period.