Legal challenges warning over disabled children respite

Birmingham Children's Trust has been warned it could face legal challenges from families over the level of respite support for their disabled children.

Human rights lawyers at Irwin Mitchell solicitors are looking into claims and described the decision-making policy and guidance as 'unlawful'.

They are calling for a full review into 'short breaks', after representing the mother of an 11-year-old autistic boy.

The trust said it was conducting ongoing reviews into its service.

But it had agreed to reassess the family's needs, it stated.

Louise Walsh, from Shard End, told the BBC she had twice been turned down for short breaks, which would allow her son, Dylan, to have support from a carer and give her more time to look after her 10-year-old daughter, Nikkita.

Dylan is autistic, has behavioural issues and was born with a genetic condition called Klinefelter's syndrome, which can affect a male's physical and intellectual development.

Ms Walsh said the process to secure short breaks had left her and others in the family at "breaking point".

"I had asked the trust for two hours a week and they said 'no'. They told me he'll grow out of his disabilities and it made me feel really upset, because there have been so many social workers in and out of the house and they have seen us struggle.

"It's exhausting, it's really exhausting trying to fight for support for your child."

The 38-year-old complained and started a legal challenge over the Right Help, Right Time policy, published by the Birmingham Safeguarding Children Partnership and followed by the trust, which determines the eligibility for children's social care services in the city.

Lawyers have asked the trust to review and change the policy or potentially face a High Court judicial review.

"We do believe it's unlawful," said solicitor with Irwin Mitchell Saoirse de Bont.

"The way that Right Help, Right Time has been drafted is from a perspective of safeguarding vulnerable children and looking at things from a child protection perspective.

"But disabled children who have complex needs and their families have a right to short breaks, a right to respite as a result of legislation, statutory guidance and regulations - and those aren't reflected."

Lawyers said they were in contact with more parents in Birmingham who were considering legal challenges if access to short breaks was not improved.

Their intervention has led to the trust starting a reassessment of Ms Walsh's family circumstances and she is receiving 16 hours a week in the interim.

She said it had helped her take her daughter to school and football club while Dylan was cared for at home.

"We don't know if this will continue but it is helping," she said.

"Dylan can be looked after and be relaxed at home. The situation has been heartbreaking. This is why I've been asking for help."

The trust carries out six-monthly reviews of short-break packages which, as of March, were available to more than 450 children.

The organisation would not comment on claims the policy is unlawful, but said Ms Walsh's case would be considered as part of ongoing service reviews.

A spokesperson said: "RHRT (Right Help, Right Time)… is reviewed regularly and the current review began prior to the receipt of correspondence from Irwin Mitchell.

"Similarly review of documents internal to... the trust and Birmingham City Council referred to by Irwin Mitchell were under way prior to their correspondence."

Dozens of families have contacted the Birmingham Parent Carer Forum, chaired by Sabiha Aziz, who has a child with special educational needs.

"It isn't enough to say 'we are listening and taking this on board', it's about taking our lived experience and using it to shape services. This framework excludes all disabled families.

"The eligibility criteria makes it impossible for a disabled family to access support and this is a conversation I've had with them time and time again."

In 2021, the city council was given a joint reinspection by Ofsted and the Care Quality Commission.

Inspectors found children and young people with special educational needs and disabilities (SEND) and their families "cannot consistently access high-quality SEND provision nor achieve ambitious outcomes".

SEND services are just one part of the wide remit of the trust, whose services overall were recognised as "good" by Ofsted last month, after years of failings.

Last week, the trust announced it was looking for new leadership just weeks after a new 10-year contract was approved by the city council.

Now these "milestones" have been met, it has announced a change of leadership.

The current chief executive Andy Couldrick is expected to become chair of the trust, following the retirement of Andrew Christie and a process to recruit a new CEO will begin soon.

Whoever is in post will face a raft of complex challenges, not least in improving relations with families in the disability community.

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