A disabled teenager who says his human rights were violated because of a council failure to provide him with an adequate education, is at the centre of an Appeal Court test case.

The 17-year-old from the Colchester area, who cannot be named for legal reasons, was excluded from his special school in 2002 because of his "increasing propensity for violence" and because he "constituted a danger to other pupils and staff".

Essex County Council eventually found him a suitable place almost 15 months later.

The boy's legal team argue his condition deteriorated in his months out of education, resulting in "serious self-harming behaviour".

In July last year, the boy's case against the council was dismissed at the High Court.

But yesterday, at London's Civil Appeal Court, the boy appealed against that decision in a bid to win damages and a ruling that the council breached his human rights.

Nicholas Bowen, counsel for the teenager, argued that his lengthy exclusion from education had a severely detrimental impact on the boy who had been "totally denied" his fundamental right to education.

Andrew Warnock, for Essex County Council, said that, when the boy was out of schooling, he was given "two boxes of educational activities, including touch books and bubbles". He also had language and speech therapy twice a week, activity sessions for two months, supervised teaching at his old school and respite care three times a week for two hours a day.

Lord Justice Ward, sitting in the Appeal Court yesterday with Lord Justice Sedley and Lord Justice Hughes, commented: "What are the facilities that the state provides for poor unfortunate kids like this boy? Answer: It provides statementing."

Recognising the potentially widespread importance of the case, the judges reserved their decision and will give their ruling at a later date.