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

NAS85914

I’ve been in court with a wealthy yet narcissistic ex who won’t pay for anything for his child without being forced to by the judge. There’s an argument over whether our child is entitled to a garden because we’re also waiting for an ADHD assessment and the ex of course, insists that a garden is not a necessity. 

The EHCP states that the child needs “movement breaks” but of course, doesn’t stipulate that we must have a garden etc. The ex suggested going to a park but that’s not always possible due to behavioural issues which can create problems with other children and even their parents. I was just wondering, if there any law or precedent set where having an ASD diagnosis would entitle a family to additional space, for example, if they were going down the council route? I’m just looking for something to show the judge. Any help or advice would be much appreciated, thanks.

Parents

  • 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.

Reply

  • 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.

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