THE parents of a severely autistic youngster are planning legal action to save her special school from closure.

Marie Hennessey and Kevin Allman fear 10-year-old Kelly will be unable to cope if she is forced to transfer from Heathfield School, in Chell Heath, to another school.

Now they have instructed solicitors to bring proceedings against Stoke-on-Trent City Council's decision to publish closure notices for Heathfield. The case could eventually lead to a judicial review.

The challenge is against the way consultation was carried out into proposals for reorganising the city's special schools.

The couple, who are full-time carers and live in Ubberley Road, Bentilee, claim they've been left with no other option in order to safeguard Kelly's education.

Mrs Hennessy, aged 37, said: "I feel the council hasn't listened. It has shoved us to one side. If Heathfield closes, it's really going to affect Kelly. Heathfield has done wonders with her."

Kelly receives two-to-one support at the school, which caters for pupils with complex learning and physical needs.

But Heathfield is earmarked for closure in August 2010 as part of a merger with Middlehurst School, in Chell.

Middlehurst's building would be remodelled and turned into a school for youngsters with a range of learning and cognitive difficulties.

The new school would initially operate from the two existing sites, with Heathfield pupils and staff transferring to the Middlehurst site in 2013.

Parents fear it will lead to children with severe needs being educated alongside those with behavioural difficulties and are worried staff expertise will be lost.

Mrs Hennessy and Mr Allman, who are claiming legal aid, are being represented by London-based Leigh Day & Co, the same firm that recently dealt with a case brought by a Trentham High parent. That case never reached court because the city council dropped plans to shut the school.

Closure notices for Heathfield School were published last month and a final decision is expected in July after a statutory consultation period.

Richard Stein, a partner at Leigh Day & Co, believes there is a "reasonable prospect" of winning a challenge.

City councillor Ann James, a governor at Middlehurst School, has also thrown her support behind the fight.

She said: "The children at Heathfield have severe disabilities and are the most vulnerable people in Stoke-on-Trent."

Ms James, pictured, says decisions were made before the end of the consultation period, parents and councillors were not kept fully informed, and an independent consultant's report into options for the city's special schools wasn't made public.

But the council maintains Heathfield School, which has 48 pupils, isn't viable.

A council spokesman said: "We're developing a new school in the north of the city to meet a wide range of special educational needs, including those children with complex learning, physical and sensory needs, which will better serve the community than the existing facilities."

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