
The junior schools minister is to speak on the matter after the Every Disabled Child Matters (EDCM) campaign obtained a legal opinion from community care lawyers Paul Bowen and Luke Clements.
The lawyers said under sections 20 (1) and 17 of the Children Act 1989 and sections 2 and 28A of the Chronically Sick and Disabled Persons Act 1970, a right to short breaks could already exist.
The EDCM campaign wrote to all its members yesterday (Tuesday 8 January) encouraging them to test this opinion by trying to bring cases against local authorities if they have previously refused short breaks.
Steve Broach, EDCM's campaign manager, said: "What we feel is necessary is an entitlement in law. These families should not have to depend on funding decisions by central or local government to get a service that they should have by right."
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