Has anyone appealed socail care in Surrey under the national trail?

[IncessantNameChanger]

My son has a ehcp and a disability socail worker. However his respite has stopped and started and I really want to appeal it while I can under the national trail.

However anyone who lives in Surrey knows how useless they are. Even if Sendist order it, it's not legally enforceable and this is Surrey.

I dont want to waste effect if Surrey will ignore sendist.

I am very seasoned appealer so not problems with going to appeal

Presumably you are aware you can't solely appeal social care provision? You have to appeal education as well.

If the recommendations aren't going to be adhered to the LA must write to you and SENDIST within 5 weeks explaining why. At that point, depending on specifics, you can either complain to the LGO or begin Judicial Review proceedings.

Yes I know the SC has to be tagged onto a educational change.

I'm not sure you can judicial review the socail care part?

I have done a judicial review and LGO route before ( its Surrey afterall). LGO took a year to rule on my case

Depending on specifics JR may be possible, see here.

Thanks. It feels like such a massive gamble without the absolute clarity of being able to JR.

I did a JR to issue a statement after two months after the tribunal ordered it, and Surrey just issued the IEP as the statement. Then I had to appeal the contents and then lost all the provision after the first AR.

Lots to think about

If I were you, I'd make a request to social services for an assessment of DC for social care and support under S 17 of The Children's Act 1989, and a carers assessment for you.

Once that is underway and if you are not happy with the assessment and care plan, SS produce, you can apply for legal aid in DC's name for judicial review against the LA. Assuming DC has no assets nor income except benefits, he should be eligible for legal aid. Obviously, you act as DC's friend in litigation and liaise with the lawyers, but generally you leave things to them and they do the letter writing to the LA.

Look for firms of solicitors with the accreditation for legal aid in community care law. I haven't looked at their websites recently, but maybe Irwin Mitchell or The Coram Children's Centre - you have to go through the government gateway (a telephone line) to apply for legal aid and they will give you a provider anyway.

It's a parallel route to the EHCP in respect of social care; but DC's rights are more straightforward to enforce. There is far more case law, afaik. JR is quicker than a complaint to the LGO. Also, depending on DC's needs, he might need social care as an adult, and SS might as well know about him now; and do transition planning in his teens, if DC is not already in transition.