Council agrees care package for disabled girl while mother recovers from childbirth
City of Wolverhampton Council has agreed to put in place a care plan for a disabled child with complex needs while her mother is in hospital and recovers from childbirth, following a successful legal challenge.
At the hearing on 8 December, the family were granted 2:1 overnight care for their daughter.
Law firm Irwin Mitchell said the mother had applied to the council for a care package for her seven-year-old daughter, who is disabled and requires specialist care.
The care is to cover the mother’s stay in hospital and subsequent recovery following a caesarean section.
Despite the family making the request for support months in advance, the authority only replied on 23 November, offering a five-week care package.
This was considered “inadequate” by the family, as it did not cover the full recovery period of six weeks, and would leave their daughter’s key need for 2:1 care unmet, said Irwin Mitchell.
The family instructed lawyers to challenge the care decision made by the council, who wrote to Wolverhampton, urging it to reconsider the care package offered or potentially face judicial review in the High Court.
Proceedings were issued and an interim relief order was granted. Following a further hearing on 8 December, the family were granted 2:1 overnight care for their daughter.
Rebecca Chapman, Associate Solicitor at Irwin Mitchell, said: “The news that City of Wolverhampton Council will now put the necessary 2:1 care in place for this little girl is a victory both for her and her family.
“Mum is the sole carer and that she should need to go to court to ensure her daughter’s care and safety for just a few weeks while she recovers from childbirth, will be shocking to many people.
“By not putting comprehensive care in place from the start, the council was failing in its legal duty to meet the girl’s needs and risking her mother’s health, at what should be a time of great joy, welcoming a new baby to the family home for Christmas.”
Lisa Preston, Deputy Director for Children’s Social Care at City of Wolverhampton Council, said: "The family has been receiving support from our Disabled Children and Young People’s Team since 2019.
"During this time, we have worked with health colleagues and the family to respond to this child’s complex needs."
Preston added: "We apologise that our latest offer of support fell short of the family’s expectations at a time when their focus was on caring for their daughter whilst also welcoming a new baby into the family.
"We are confident the right support package is now in place and the child’s needs are being appropriately responded to."
Lottie Winson
