Letter for parents who have been refused an assessment
Child Matters, in association with Irwin Mitchell Solicitors, has
created a template letter to help families with disabled children
to gain an assessment for social care services.
This letter is intended to help parents who have been told that
their council will not assess their disabled child in relation to
short breaks or any other specialist social care service.
The law says that councils must assess every child who
is or may be a child 'in need'. Children are 'in need' if they
are 'disabled'. Therefore, it is unlawful for a local
authority to refuse an assessment for a disabled child.
The first step for a parent of a disabled child who needs short
breaks, or other social care services, is to ask for an assessment.
Parents should ask their social worker (if they have one) or the
duty worker for the Disabled Children's Team (or equivalent) if
they will carry out the assessment. If the answer to a request for
an assessment is 'no', then a version of this letter can be sent to
explain the legal situation.
The letter, and an accompanying guide, has been written by Steve
Broach, a barrister at Doughty Street Chambers and Alex Rook,
Associate Solicitor at Irwin Mitchell, two lawyers who specialise
in cases involving disabled children. This is intended as a general
guide and does not replace legal advice on their specific case.
The letter can be downloaded from the EDCM website.
There are numerous activities happening to support the
implementation of the SEND Green Paper.Find out more