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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

  • 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.

  • in reply to NAS85863

    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. 

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  • in reply to NAS85863

    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. 

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