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Court backs boy over absence of care plan

Posted: 23 September 2004 | Subscribe Online


The London Borough of Newham failed in its statutory duty of care towards a severely disabled teenager, a High Court judge declared last week.

Mr Justice Ousley ordered that a draft pathway plan outlining what would happen to the boy once he turned 18 be drawn up by 5 October and a completed plan sent to his solicitors by 12 October.

The declaration came as the council's social services department admitted it had breached its duties to the boy, who cannot be named.

Representing the social services department, Gareth Flemyng said that a proper pathway plan had not been completed and criticised aspects of the way the case had been dealt with.
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"We have in the past promised to deliver and we have not delivered adequately and I would like to review why that has happened, how that has happened and make sure it does not happen again," he said.

The boy, who has cerebral palsy and requires 24-hour care and one-to-one supervision, lives in a children's home in Hornchurch, Essex. He was taken into care after being found neglected when police raided his parents' home for drugs.
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Laura Gibbons, from Mencap's advocacy service in Newham, which is helping the boy, said the case highlighted the difficulties faced by young people with learning difficulties in gaining access to their rights.

At an earlier hearing, another judge criticised Newham's "regrettable attitude that nothing gets done until the last moment".

A spokesperson for the council said the pathway plan would be produced by 5 October as agreed.


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