THE parents of a five-year-old boy who cannot speak are to appeal against a High Court decision which ruled that Bury Council did not have to pay for a classroom sign language tutor.

Anne and Tony Freeman are furious that their son Connor, who has not been to school for a year, will continue to miss out on his education because a signing assistant cannot be found at the salary offered by the local education authority (LEA).

His mother is taking sign language classes in a bid to teach Connor at their home in George Road, Ramsbottom, until a tutor can be found. She said: "We were devastated at the ruling (reported in last Friday's Bury Times July 6)). I told Connor he would be back at school on Monday, then I had to break the bad news."

Connor attends Ramsbottom's St Joseph's RC School one day a week.

Mr Freeman, who is pictured with her son, added: "The council were advertising the job at ridiculous wages. Firstly they advertised at less than £10,000 then, before the hearing, they put it up to nearly £15,000. But they will have to pay £20,000 to get a sign tutor."

He added: "If we had £5,000, we would have paid the extra ourselves. But the council was willing to hire a barrister and pay him rather than use the money for a sign tutor."

The High Court hearing was told how Connor is of normal intelligence and ability and has been taught British Sign Language. This would enable him to attend a standard mainstream school, providing he has the help of a signing assistant to "interpret" for him.

"He cannot afford to miss out on any more education. He is already a year behind, and we need help immediately to get him settled into school. But the LEA are doing nothing, said Mrs Freeman.

She added: "We are confident we will win the appeal. The judge was very sympathetic to us and was critical of the council."

A council spokesman said they were considering the judge's comments.