Victory for parents of disabled boys

A couple "stretched to breaking point" by years of caring for two severely disabled sons today spoke of their joy at a breakthrough victory in the High Court.

The judge's ruling could lead to local authorities having to give far greater financial support to 10,000 similarly hard-pressed parents.

Art dealer Michael Spink and his wife Henrietta had gone to court in an attempt to force Wandsworth council to help provide desperately-needed support.

After the judgment Mr Spink said: "We believe this is an important breakthrough. This is a first step in government and local government recognising there are extremely acute needs where even people who had hitherto secure backgrounds could be fundamentally destroyed by a lack of support.

"This case highlights how difficult it is for people to deal with local government and get a fair deal from them. I feel we have achieved substantially what we were after today."

He and his wife had been "physically, financially and emotionally exhausted" by the demands of Henry, 16, and 12-year-old Freddie, who both need 24-hour care. Henry can not walk or talk and Freddie has limited mobility and speech and is autistic.

Mrs Spink, a cousin of the Duke of Sutherland, has published a book, Henrietta's Dream, about the family.

Her husband, who runs a design company and was formerly a director of the family's 400-year-old firm of art dealers, had funded care of the children at home for 12 years. But four years ago he found that, because of the demands of caring for the children, he could no longer work enough to fund their increasing needs. The couple continued to use their capital but that was now exhausted, the court heard.

Today Mr Justice McCombe rejected their application for a judicial review of Wandsworth council's decision not to grant them a greater care package. But he gave leave for a full hearing of their claim for council assistance in installing aids at their Battersea home. The couple say they need a stairlift and other equipment including lifts and hoists.

The family's counsel Ian Wise said the legal action was "a last resort" to help the family survive.

He said the case had "a long, tortuous history" and the couple were " exhausted and stressed and don't feel able to provide the level of care" they had been giving their children.

The judge said it was beyond dispute that the parents were committed to their sons' welfare.

Clive Sheldon, for the council, argued that it had taken a reasonable approach but pledged there would be a review in September of the care package for the Spinks children. He added that the council owed a duty to council taxpayers as well as users of its services and was entitled to take into account the state of its resources.

In the last financial year the Spink family had received assistance amounting to more than £62,000 and in the first quarter of this financial year they had been given a further £21,000.