Wolverhampton mum takes on legal battle to ensure care package for disabled daughter while she recovers from giving birth
A 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 giving birth, following a successful legal challenge.
The mum, from Wolverhampton, applied to Wolverhampton Council for a care package for her seven-year-old daughter, who is disabled and requires specialist care.
The care is to cover the mum’s stay in hospital and subsequent recovery after giving birth.
As her daughter’s primary carer, she will be unable to perform her usual role for the six weeks she is expected to need recovering from a caesarean section.
Despite asking the council for support for many months, the package initially offered was considered inadequate, as it did not cover the full recovery period and would leave their daughter’s key need for 2:1 care unmet.
The family, who cannot be named for legal reasons, instructed specialist public law and human rights lawyers at Irwin Mitchell to challenge the care decision made by the council.
The mum said the initial care offers would not cover the full six weeks she would be recovering from a caesarean section and would not meet her daughter’s complex needs or keep her safe.
Lawyers at Irwin Mitchell wrote to the council, urging it to reconsider the care package offered or potentially face judicial review in the High Court.
