Mathieu Culverhouse of Irwin Mitchell's Public Law & Human Rights team has represented two disabled boys, Timothy and Christopher, in a challenge against their local social services department for its failure to provide enough care to meet their needs.

Complex Disablities

Both boys have a complex range of disabilities, including autism, dyspraxia and Fragile X syndrome. Additionally, Timothy has been diagnosed with epilepsy and Christopher has been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).

Both boys had been assessed as needing a significant level of care, but the Council’s social services department had not put in place sufficient care to meet their needs. After initial correspondence from the Public Law & Human Rights team, the Council agreed to commission an independent social worker to carry out a comprehensive care needs assessment.

Recommendations Not Carried Out 

This assessment concluded that both boys needed significant additional care, but despite this the Council’s social services department failed to put into effect the social worker’s recommendations. In light of this failure to comply with the recommendations of the assessment, we commenced judicial review proceedings against the Council.

Successful Challenge & Care Package Received

After we issued the court proceedings, the Council agreed to attend mediation with the family and their legal representatives. This mediation resulted in a successful outcome, with the Council agreeing to implement a package of care to meet the boys’ needs.

Timothy and Christopher’s father said: "In our dealing with the council we found it both slow, obstructive and inflexible despite the report from the independent social worker. We remain most grateful to Irwin Mitchell for their vigorous, successful challenge to the unmeritorious entrenched position adopted by the Council."

For expert advice on matters relating to community care law, please contact Mathieu Culverhouse of Irwin Mitchell's Public Law & Human Rights team on 0370 1500 100 or complete our enquiry form.

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