Director of Family and Child Care at Duncan Lewis Solicitors, Alia Lewis, was quoted in a recent Byline Times article discussing a landmark case where an autistic mother and daughter are suing Birmingham City Council for separating them during child care proceedings. The case centres on the council's alleged negligence in pursuing a care order, where the mother claims that the council failed to understand neurodivergence, and breached their human right to family life by separating them.
The case began when the mother, who had previously experienced domestic abuse, sought help from the council because she felt anxious about being a first time parent. She also expressed concerns about whether her autism might make parenting more challenging. Instead of receiving the support she needed, the local authority claimed that the mother was mentally unwell and removed her child when she was just seven weeks old. The daughter, who has since been diagnosed with attachment disorder, was placed in foster care for more than 20 months, before being returned to her mother when the care proceedings concluded in 2018.
The legal action against Birmingham City Council highlights critical issues in the justice system's treatment of neurodivergent individuals and underscores the importance of proper training and understanding of neurodivergence in social care and legal proceedings.
Speaking to Byline Times, Alia Lewis emphasised the lack of training on autism within the family justice system, which can lead to inadequate assessments and decisions in child protection cases. Alia told Byline Times:
“The biggest problem is that no-one inside the system has any specific training on autism or neurodivergence. If you don’t have the knowledge, then that means everything that you do in relation to a child is based on what you think you know rather than what you need to know”. She added that, “another problem” due to a lack of training amongst both areas within child protection and family justice, in terms of neurodivergence, is that “unless you really have a good understanding of the complex needs that arise with many of these children, it’s very difficult to know what assessments to ask for in court in order to be able to properly care for the child.”
Read the full article on Byline Times here
Alia Lewis leads a dedicated and friendly team of Family and Child Care solicitors within Duncan Lewis specialising in representing neurodivergent individuals and their families. She assists clients in cases involving neurodivergence (including Autism, ADHD, Dyslexia, Dyspraxia, Dyscalculia and Tourette Syndrome), learning difficulties, learning disabilities and special needs, in addition to assisting clients who are deaf or hearing impaired and children of deaf adults. The team’s sole focus is to advocate for the rights of neurodivergent clients and their families within Public and Private Children Law proceedings, including cases that are publicly funded.
If you require specialist support from our Autism and ADHD Family & Child Care team, please contact Alia Lewis via email at AliaL@duncanlewis.com or via telephone on 02031141193