A council in East London is requiring a family to demonstrate that their autistic son would experience a meltdown while traveling on public transport. Hackney Council has questioned the validity of a head teacher’s supporting letter and an Education, Health and Care Plan (EHCP) for seven-year-old Kayden, whose autism diagnosis has been confirmed by medical professionals.
The family’s challenges began when they faced eviction from their council flat after the council alleged tenancy fraud. Charity Oppong has lived in the property for nearly 20 years, originally moving in with a family member who later vacated. Despite paying rent consistently, Ms. Oppong did not request a transfer of the tenancy into her name. Following an investigation that began in 2021, the council secured an eviction warrant last year.
While acknowledging the family’s “distressing” circumstances, Hackney Council has proposed relocating them to temporary accommodation in Newham. The family argues that this move would disrupt Kayden’s education and support, as he currently attends a local school where he has established stability.
Kayden’s sister, Nana, expressed concern about the council’s proposal. She highlighted that Kayden is prone to meltdowns when traveling due to sensory overload and anxiety. The family, alongside Kayden’s headmistress, has provided letters urging the council to reconsider the move. Despite this, the council has insisted on obtaining “direct observational evidence” that Kayden cannot travel by bus, taxi, or car.
To fulfill this requirement, Hackney Council proposes that a medical assessor accompany Kayden on a bus ride to observe his reactions. This approach has drawn criticism from activists and commentators, including Kate Belgrave, who described the proposal as “bizarre” and questioned its ethical implications.
According to a survey by the National Autistic Society in 2024, a significant majority—62%—of autistic individuals reported experiencing more meltdowns when traveling compared to being in familiar environments. The survey highlighted that modes of transport like buses and trains are particularly challenging for many on the autism spectrum.
A report from King’s College London earlier this year warned that neurodivergent children in temporary accommodations often endure “torture-like” conditions, exacerbating their existing challenges.
The family has garnered support from activists who have physically blocked bailiffs from enforcing the eviction. Recently, a court granted a temporary stay on the eviction, allowing eight weeks for both a judicial review and a safeguarding assessment from social services to be completed.
A spokesperson for Hackney Council stated, “While we have a responsibility to take action in cases of illegal subletting, we understand how distressing this situation is for the family. We have a legal duty to ensure that any home offered to a homeless family is suitable for their specific needs, taking into account factors like size, affordability, health requirements, and location.”
The spokesperson added that the family has the right to request a review of the temporary accommodation offer if it does not meet their needs. However, the council has not clarified what type of medical professional would accompany Kayden or why further evidence is necessary when he already has an EHCP and a confirmed autism diagnosis.
This situation raises critical questions about the balance between legal responsibilities and the well-being of vulnerable families in the community.
