Disabled child's rights?

kingfisherblue

I'm very fortunate that my disabled son does not have behavioural issues, but my friend's son has major problems. He has multiple disabilities including severe autism, learning difficulties, Tourette's, and mental health problems. I don't want to give too many details as it could identify him.


His doctors have given several recommendations to help to treat his increasing mental health problems, following a long stay in a mental health unit for children. Two years on, only two recommendations have been carried out. The problems have worsened considerably and another stay in the unit seems inevitable. However, they are reluctant as there are so many recommendations that have not been acted upon. The local authority say that it is down to cost.


Does my friend's son have any legal right to receive the treatments decided by his doctors? They would make a massive difference to his life and to his family's life, according to the psychiatrists. At the moment, the mental health unit are saying that he needs further help, but the original recommendations need to be put into place first.


What are the legal rights for my friend's son to receive the treatment that he needs? The situation has worsened considerably over the last few months and this has been documented by his psychiatrists, special school and social workers. Regular Child In Need meetings don't seem to be progressing the issues.

missblue

Sadly disabled children's rights to NHS support is not legal supported (that I am aware of). They new Education Health Care plan (EHCP) that the government brought in, that all disabled children are being moved over to, was meant to fill the gap however the legal right to a tribunal when needs are not being met still only covers education (not health or care). There are many charities campaigning against this, please get everyone you know to support parents must have the right to take health to independent tribunal when it is not meeting the child's needs. The government have said they will relook at this if enough people support the need. At the moment disabled children are in desperate need for mental health care, physiotherapy and speech therapy it depends on your postcode and if your just lucky if you get support. Your friend could go through the NHS complaints, but this can have negative consequences and she will need support. How I would approach this, is find somewhere/ a program that is running within a distance I could get my child to (whether this is run by education/ charity/ private or NHS) that I believed would make a difference and help, then using the school and social support to access to it. There are charities that are willing to help with funding issues. Best wishes.