• Alia Lewis

  • Duncan Lewis Solicitors

  • Director and Children Panel Solicitor
  • Family Law & Social Services

  • Rewards 51

I am a solicitor representing children in care proceedings. I also have an autistic son. I have a particular interest in Family Law cases involving SEND issues.

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  • Is this right that a Family Court Judge can prohibit a child from being assessed? Also, is the school right to withhold referral due to an order/direction aimed at the parents?

    In family Court proceedings currently ongoing for over 1 year, brought against me (mother) by child’s father, to prohibit me from removing our child from the school, he doesn’t believe she has an SEN and believes it is bad behaviour. School’s treatment of her anxiety and suspected SEN was traumatising her (school ‘refusal’). Immediately interim ordered to go back, school put in place lots of special measures for about 4 months (reduced timetable, phased return, permission for ear defenders, sensory things etc.) then very suddenly came to an end. Family Court issues between parents seem to be completely forgetting the daily struggles for the child now, I keep asking for permission to have her privately assessed (mainly for ASD & ADHD) but the Judge refuses and has incorporated this wording into the Court orders: both parents do not have permission to have her assessed. I ask at every hearing for this to be discharged but it is declined. This has been a year now and she is declining, and school have pulled everything and find me incredibly irritating, have written things about me that suggest they feel I am making her behaviours up, despite them being witnessed (and once supported) in school. No diagnosis, or EHCP in place. I even tried to complete the ASD Pathway Pack for school to refer her on, but they blocked it after the father showed them the Court order that says “parents” do not have permission to obtain a clinical report.

    J E

    11 Mar 2023

    Watched by 8