Family win 3 year fight against East Riding Council to secure future support for autistic son

THE FAMILY OF A SEVERELY AUTISTIC TEENAGER has won a High Court appeal, after a three year fight, to force East Riding Council to provide support for him once he turns 18.

The teenager, has severe autism and severe hyperactivity disorder. The East Riding Council, had claimed that because he is living in a specialist residential school funded by his education authority, he did not have ‘looked after’ status. This lack of status would mean he would not be eligible for the support he would otherwise have been entitled to from social services as a child who had been in the care system once he reached 18.

East Riding Council had claimed that because the teenager lived in a specialist residential school funded by the education department of the council, he was not eligible to the same support he would have been if he had been in the care system; he was deemed not to be "looked-after".

Ed Duff, who worked on the case at the Children’s Legal Centre said:

“Children get ‘looked after’ status when they have either been in care or voluntarily accommodated by a local authority. The status entitles them to a number of benefits when they turn 18 such as housing, medical care and support until they are 21, or 24 if in education. It’s a really important and special status which means local authorities can’t just wash their hands of the young person once they turn 18. Unfortunately, some authorities don’t like these laws and seek to avoid them as they involve time and money. 
This vulnerable child now has the safeguards which the Children Act 1989 says he should always have had. It has taken three years, two High Court dismissals and two Court of Appeal applications for the family to put this right. This is a tremendous relief to his family, and we are delighted to have helped them secure their son’s care once he turns 18.”

In his judgement, Lord Justice Rix claimed the council had taken, “… an erroneous,impossible, irrational and unlawful view of the law in illegally withdrawing looked after status just because another part of the same council (the education department)agreed to pay.”

The Children's Legal Centre an independent national charity concerned with law and policy affecting children and young people had acted as the family’s solicitors.