Does having autism entitle you to a bigger property/a garden?

We had been married for several years and I had contributed towards the previous property, I was going to court, asking for a settlement of the finances to enable me to get a home for me and my child, which I was given in the end. It wasn’t about “forcing” someone to buy me a house, but ensuring that a wealthy ex husband paid for a home for his child to live in a park of the divorce settlement, as he was also refusing to pay any maintenance and had hidden his company assets, meaning going via the CMS would have been fruitless. My question on here was whether there was a way of proving that an autistic child needed a garden, particularly as they had grown up with one to date. Therefore, I was not “laughed out of the court room” as you suggested; I was in fact given a lump sum plus maintenance to enable me to buy us a property.

Hi, thank you so much for all your comments. The situation was that I was going through a financial hearing via the family court as part of my divorce and asking the judge to award enough money for my child and I to get a small flat with a garden. I was curious as to whether families with autistic children were given priority for council properties with gardens, as I could have used this as part of my argument in court.

The ex husband is a millionaire but would not pay any maintenance without being forced to by the court. He kept insisting that our autistic child didn’t need a garden but it seemed bizarre that he lives in a huge house with a massive garden and his child (who’s always had a garden) should be without one. We had a particularly spiteful female judge who kept telling me to “get a better paid job” but ultimately awarded us enough money (as a lump sum, plus maintenance) to purchase a 2 bedroomed home with a garden. 

Non-legal opinion here.

If the ex is very wealthy (thinking millionaire type), I expect the judge will award sufficient to cover rent or purchase of a property. Whether that property is large, small, with or without garden, will be down to you as the child's legal guardian, what the judge stipulates and local housing availability. Less wealthy the judge will balance the needs of your children against any other dependents your ex may have.

Regardless, there is no doubt that available and on-going funds will affect the judges decision and that your child's best interest will figure prominently. So, as you have realised, highlighting what is in your child's best interest is important. An EHCP,  additional reports from teachers and specialists, evidence of behaviour issues in public (it is an awful thing to suggest but every little bit helps: is there anyone who can video behavioural issues at a park, school or supermarket so that the judge can actually see what you are dealing with) will add support to your argument.

I doubt you will find much in support or otherwise for council housing. As it is so hard to come by, people are just pleased to get off the waiting list, regardless of the property type.

in the uk we cant be fussy because housing is limited and rare and no one actually owns their own home now.... the norm is infact renting here... so theres no case for forcing someone to buy you ownership of a house at all as house  ownership is close to impossible in the uk these days and the standard is renting... of which i dunno i think the payments already taken from the guy already factor in and cover any rental expense.

its highly unreasonable to expect someone to buy you a home, especially a large home... no one can do that for themselves let alone others. the courts would find it highly unreasonable and laugh the claimant out of the court room and likely not take notice of them ever again and view them as spoilt and entitled and unreasonable.

nope, theres no garden entitlement in anything, especially when you consider that in some places like london nobody has gardens anyway and its actually quite rare.

you cant force your ex to pay for you to have a new house.. thats not how it works. the best route is as you said, ask the council to see what they can provide as they might have some properties to meet anyones needs.... but yeah people have been targeting and buying up all the council houses anyway so they maybe short supply.

Hello, 

No, having an autism diagnosis does not automatically entitle a family to additional space or a garden. However, accommodations may be made based on the specific needs of the child as outlined in their EHCP. It is important to provide evidence to the court that having a garden would be beneficial for the child's well-being and ability to meet their needs as outlined in the EHCP. This may involve obtaining testimony from experts such as therapists or medical professionals who can speak to the importance of movement breaks and outdoor space for children with ADHD and/or autism. It may also be helpful to provide specific examples of how the child's behavioral issues have created problems in public parks and why having a private outdoor space would be beneficial. Ultimately, the decision will be up to the judge based on the evidence presented.