THE parents of a five-year-old boy stricken by a mysterious inability to speak have failed in a legal bid to force Bury Council to meet the full cost of a sign language tutor -- despite winning a High Court judge's sympathy for his plight.

Connor Freeman from Ramsbottom has not been to school for a year due to the lack of a signing assistant able to support him throughout the school day.

But Mr Justice Collins today dismissed a judicial review challenge to Bury Council's refusal to pay an assistant's £20,000 salary, although he expressed criticism of the council's stance.

The case was brought to court on his behalf by his parents, Anne and Tony Freeman, of George Road, Ramsbottom.

The judge said Connor's parents did not have an "arguable" case that the council had erred in law in reaching its decision.

But he added: "I do recognise the difficulties that there are and I do take the view that the council's past activities have not been as satisfactory as they might have been."

He said he hoped the council would "reconsider the situation very carefully indeed" and think about advertising for an assistant at a £20,000 salary if advertisements for one at a lower salary of £14,690 are not successful.