Campaigning over the Children and
Families Act 2014
I was driven
to write Standing Up for James, to try to raise awareness of the failures of the
system which was designed to support disabled children, but which instead was causing
One of the biggest problems which my family had faced, was
that we did not have any respite or support at home for the first five years, for a child who
needed one to one care 24 hours a day. We had to battle with social services for
months to get anywhere. Even when we had some support, it became clear that James
could only be properly educated and cared for in a residential school. However,
in order to get him into the school we had to take the local authority to the
Special Educational Needs and Disability Tribunal. That Tribunal could only consider James’s educational needs, not his
care needs nor the needs of the rest of the family.
He began a termly placement,
but still had no support at all for the 14 weeks of the year when he came home. In
order to get support and respite from social care for that 14 weeks, we had to
follow internal complaints procedures, culminating in an approach to the Ombudsman. The whole process took
5 years to resolve.
Children and Families Act was in its early stages, it became clear that this
artificial divide between health, social care and education services would be
perpetuated, even though the Act was intended to lead to more joined up
thinking. I felt passionately that this should not be allowed to happen and so began campaigning vigorously to try to
get the Act amended, to allow parents to appeal to Tribunal about all aspects of
their child’s provision.
I was relieved when the Government at least agreed to a pilot scheme, whereby Tribunal judges could hear arguments about social care and health provision and make non-binding recommendations. When, after two years the decision was taken to roll the pilots out nationwide, I was dancing around the room!
The national pilots began in April 2018 and will run for two years. They will be evaluated by IFF Research and Belmana. I will be following their progress and will campaign for the Tribunal to continue to have the power to make recommendations on health and care matters until that power is permanently enshrined in legislation.