Top ranked special educational needs solicitors
Siblings with ASD - 52 week placement and social care input
In the last year we have concluded a couple of very challenging cases each involving siblings with ASD.
One such case involved a parent of twins, each of whom were non-verbal.
Their Education Health and Care Plans (EHCPs) had not been properly reviewed or updated for years. Their special school was not coping, the children making no progress and one child was at particular flight risk. Each child required separate transport to school.
The parent also had to manage highly challenging behaviours on their own with the boys outside of school hours. Simple tasks such as shopping, or even going for a walk proved impossible and/or dangerous. The boys were also growing rapidly and getting stronger which contributed to the challenges faced. The parent had not had an unbroken night for years, and her own health and well-being was becoming compromised.
In addition to standard experts reporting on the case, an independent social worker was also engaged who quickly highlighted the very high needs and requirements for 2:1 support for each child for considerable periods in the week and over holidays including respite breaks. The parent had until this point been left with only minimal social care support which was sporadic and unreliable.
Appeals to the SEND Tribunal under the national trial were launched extending to health and social care.
Both appeals were agreed before hearing with the boys securing 52 week residential placements at highly specialist maintained placements where all staff are experienced and trained in highly complex ASD needs.
Such were the social care needs that local social services admitted that they could not deliver the required support over evenings/weekends and holiday periods.
The boys became subject to Section 20 Care Agreements. The benefits to the parent and children extend to the fact parental responsibility is retained, providing the freedom to visit the children or have the boys come home for a period, plus the establishment of LA social care duties which will later transfer over to adult social care.
The benefits for the family are likely to extend for a 15 year period applying the full scope of support for 0-25 years under the Children & Families Act 2014. We were able to negotiate with the LA and reach agreement without the need for a hearing, saving our client additional stress, uncertainty, time and additional cost.
I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved.
James' mother, Boyes Turner client