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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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HI I have a disabled child living with me as a foster child

Customer Question

HI I have a disabled child living with me as a foster child he has been allowed legal stay until 2015 he is from Syria and profoundly disabled. We were told recently by the placing local authority that they will not allow us to access a disabled grant due to his legal status is this correct ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How did this young man come to be in the UK?
Claire
Customer: replied 3 years ago.
There is no clear picture about the history of this child all we know is that he was in this country for several years and had no access to school or a Gp. He came into foster care in June 2011 and started a specialist school. We supported the adoptive family to apply for a visa he was granted three years discretionary leave which expires in feb 2015 we were told by the solicitor that a couple of months before this expires we need to re-apply and he will be granted a further three years discretionary stay and so this should continue. We are seriously thinking of serving notice as the local authority will not adapt our property to meet his needs. This child will reach adulthood soon and clearly he will need continued care. All I want to know is that does his legal status deny him access to these grants. We are recieving disability living allowance for him once he got this legal status. The adoptive family do not want him to stay in foster care but want him to live in a residential care home. The local authority have not taken any legal action against the adoptive patents and say they do not have parental responsibility as he is in care under section 20.
Expert:  Clare replied 3 years ago.
Hi
For clarity - have you made a formal application and had it refused?
Claire
Customer: replied 3 years ago.
A formal application for what the Dfg grant ??? the process is via the local authority it is the occupational therapy department to submit the paper work a assessment was carried out recommending ground floor level access shower and a padded bedroom. I am conscious that l will be charged for these questions can you please clarify this as I have not used this service before?
Expert:  Clare replied 3 years ago.
Hi
You are not charged per response - it is understood that we need to get all the necessary information first!
I have assumed this is a disabled facilities grant is that correct?
Claire
Customer: replied 3 years ago.
Thank you for that clarification yes apologies l always assume people know what Dfg stands for yes it syands for disabled facilities grant! He more than meets the criteria however the refusal to access this grant is on grounds of his legal status but I believe this is a cop out from the local authority.
Expert:  Clare replied 3 years ago.
Hi
I totally agree - that's why I asked if you had actually started the process and been refused or simply been fobbed off at the start!
Claire
Customer: replied 3 years ago.
They will not carry out a new OT assessment because the previous one would be out of date and children's needs may have changed. We can not request a refferal on this child because they say that the referral must be made by the social worker so we can't force them to do the assessment. However we do have a IRO independent reviewing officer who is also questioning why this child's needs are not being met.
I am going to ask that the Gp write to the social worker and see what happens. Delaying tactics are being used by the local authority hoping he will reach adulthood and pass it onto the adults and by then he will be removed from us. They are looking at moving him due to the unsuitable environment and risks but why can't they make the environment suitable for him and reduce the risk. It's not rocket science but more personal because l have highlighted some very poor practice of the social worker and l would even go as far as to say neglect from the local authority. My husband and l have sustained injuries caring for him but this is also being ignored we don't want compensation like the American culture just want equality and respect for the child in our care. I wish l could have somebody to speak on behalf of this child as it is begining to take a toll on my health and wellbeing.
Expert:  Clare replied 3 years ago.
Hi
If the child is receiving DLA then I see no reason in the rules why the same child is not also eligible for the DFG.
The problem is the cost of challenging the Local Authority via the courts.
One option is to contact NYAS (www.nyas.org) who can act as Advocate for the Young Person
The only other option is to seek a Judicial Review of the refusal - a lengthy and potentially expensive procedure - although the Group Liberty may be able to assist
I hope that this is of assistance - please ask if you need further details
Claire

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