Aimee Fox co-authors briefing on impact of separation for children with SEND

24th March 2023

3PB’s specialist family and education law barrister Aimee FoxAimee FoxCall: 2007 (pictured here), alongside law firm Anthony Collins’ associate solicitor Kadie Bennett, have co-authored a briefing in Education Law Monitor focusing on considerations for parents of children with SEN when resolving financial matters in court resulting from separation.

According to the latest figures from Statista, 2020 saw 103,592 divorces granted in England and Wales. Separation for parents of children with SEND can present additional complications and worries. The stresses and strains of relationship breakdown are sometimes amplified by concern about the impact on the child.

The briefing initially looks at considerations of the former matrimonial home particularly if the property has been specially adapted to accommodate a child's needs. The piece then moves on to consider the parent's ability to work depending on the type and level of a child's needs and how this may impact on a dependency on spousal maintenance and/ or state benefits. The use of an Education Health and Care Plan (EHCP) may be a helpful evidential tool in establishing how much hands-on care a child requires and the impact this may or may not have upon a party's ability to work. Finally the briefing looks at child maintenance and the consideration that a child with SEND may have education needs over and above those that can be met by child maintenance alone. The key will be to maximise all sources of income including state benefits. The briefing concludes that when making decisions in respect of a family who has a child with SEND those factors may also be viewed through the lens of how the overall financial outcome will affect the child and their care moving forward.

To read the full briefing from Education Law Monitor, please click here.

If you wish to know more about this subject, please contact Aimee Fox on [email protected]. To instruct Aimee, please contact her clerk Ian Charlton on [email protected] or by calling him on 0121 289 4333.