Adrian Phillips has given up a managerial job to teach his son

James is being taught at home by his father, who is refusing to send his son back to school unless the level of specialist care James requires is fully met.

The local authority has said it wants to reach agreement over the issue and is to employ a commercial speech therapy provider to ensure that happens.

In May 2001 the Phillips family won a High Court ruling that James had a right to the specialised education and therapy in school which his condition requires.

Nine months later the family is returning to the court seeking a judicial review to force their local education authority to establish the care which the ruling implies.

Refusnik: Adrian Phillips says James needs the provision at school

Father Adrian Phillips is currently teaching his son at home as he is refusing to send James to school until the education and therapy package is set up.

He said: "We have refused to send James to school until that provision is met because we know that we don't want to set him up to fail.

"He needs the safeguard of that extra provision to be successful."

A statement by Newport Council said the local authority was keen to resolve the case and had worked hard to provide all the care that James, at a time when there is a national shortage of therapists.

A spokesman said the council plans to employ a commercial provider of speech therapy for the time.

The provision for autistic education in north Wales took a step forward last month when the Welsh Assembly backed a �2m initiative to set up a school for autistic children in Denbighshire.