Aaron’s Story

Aaron is autistic, epileptic, has a learning disability, scoliosis and is non-verbal. He resides in a residential bungalow, and has done so for the past 16 years.

Aaron’s mother, Tina was informed by the Local Authority, and the care provider that they were streamlining their services, and therefore Aaron would have to move out of the property. The other reasons they gave were that he may need a hoist in the future, and that he and his co-tenant were not getting along.

In 2013, Aaron had a Court order from the Court of Protection which stated that he was to remain in the home as it was in his best interests. The Local Authority, and the care provider both had a copy of this order but had chosen to ignore it.

“Aaron was happy in his home, and did not want to leave what he has known for years, and what is familiar to him”

Tina protested on a number of occasions that this is not what her son would have wanted, but her concerns were repeatedly ignored.

“As an adult with autism, it was important for my son to not have a drastic change, as this would have had a severe impact on his health and well-being. The move would not only cause his condition to deteriorate, but also goes against the Court Order”

Tina approached the Disability Law Service for advice, as she was concerned about the effects the move would have on her son.

The community care team challenged the Local Authority’s decision, and stated that if in the future Aaron did require a hoist, then an Occupational Therapist assessment should be carried out to determine what aids can assist him. Also, Aaron would be entitled to apply for a Disability Facility Grant to cover the costs of a hoist should he need one in the future.

The team also challenged the point about him and his co-tenant not getting along, and stated that this reason was not sufficient, and did not hold enough weight to cause such a big change for him. They requested the Council and Care provider to review their decision, to carry out an Occupational Therapy assessment, and to arrange a best interests meeting.

An Occupational Therapist assessment was carried out, and Aaron was provided with a wheeled shower chair which provided Aaron with flexibility, raisers fitted to his bed, and a grab rail to assist him in sitting up. He was also provided with bean bag type cushions to assist the positioning of his back whilst in his dining chair.

The Care Manager confirmed that following the Disability Law Service’s letter, and the outcome of the Occupational Therapist assessment, that it would be in Aaron’s best interests to continue to live in his current accommodation, and that a best interests meeting was no longer required.

“Both Aaron, and myself are extremely grateful for all of the team’s input throughout our case. It is quite an achievement to win something against the Local Authority”

“Tina, Aaron’s Mother”

Names have been changed to protect identity.

How are we helping people like Aaron?

Free Advice Line

Our Community Care team provide free legal advice to service users in England & Wales in all aspects of Community Care law.

Call us now on 0207 791 9800, or via email on advice@dls.org.uk


We have factsheets focusing on your rights within the Care Act 2014, and Children Act 1989.

Please click here to be directed to our factsheets.

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