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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.

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  • 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.

  • in reply to Caelus

    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.

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  • in reply to Caelus

    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.

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