Father ordered to tear down 'too high' fence he built to give his autistic daughter a safe space says he won't comply - and will happily face arrest

A father who is being ordered to take a fence down which was built for his autistic daughter says he will happily face arrest as his daughter's safety 'comes first'. 

Cliff and Dawn Baker, from Edwinstowe, Nottinghamshire, got permission from their landlord to build the 6ft fence for their 10-year-old daughter, Tiona-Jai.

She has autism, learning difficulties and is one of only two people in the world with a rare chromosome depletion - which leaves her behaviour hard to predict.

Tiona-Jai kept escaping and running out onto the road which prompted Cliff and Dawn to install the fence. 

However, a neighbour complained and Newark and Sherwood District Council got involved and ordered them to take it down. 

Speaking to BBC Radio Nottingham, Cliff said: 'I'm standing my ground - my daughter's safety comes first.

'We were given nine months to remove the fence, otherwise it would be court action - who knows what February will bring. 

If they do come to take it down, it is not going to happen - I'm standing my ground. My daughter's safety comes first. I'll get arrested for it, I'm not bothered.

'I've never had a criminal record but if it comes to that, so be it. I'm getting one for a good reason.'

The father added that the fence is 'purely for safety reasons' and that it was put up to give Tiona-Jai a place to play.

They forked out more than £1,000 on a new fence in their garden and were left stunned when council bosses demanded they rip it down.

Planning inspectors first told them it was a road safety hazard but when this was proved not to be the case, the parents claim it was then said to be a 'street scene' issue instead.

Cliff and Dawn paid more than £400 to appeal the decision - but that was also rejected by Newark and Sherwood District Council.

A children's consultant at King's Mill Hospital has also given their support for keeping the fence during the appeal process, according to a letter seen by the BBC.

Dr Jeanette Derbyshire said Tiona-Jai had a 'tendency to climb' and added that an outdoor space suitable for an autistic child's needs was 'important' in order to keep them safe.

The couple say they have also provided a paediatrician's letter and medical records that proved the need for the fence for the youngster's own safety.

The couple have urged Michael Gove, Levelling Up Secretary, to make the planning laws more flexible when relating to children with disabilities.

The council claimed that it sent an enforcement letter to the couple which told them to lower the fence to 3.2ft. 

Lisa Hughes, business manager for planning at Newark and Sherwood District Council told the BBC: This is obviously a difficult and emotional case. We wanted to help the applicant and have offered alternative solutions, which have been supported by the Planning Inspector, but unfortunately these have thus far been turned down by the applicant.

'We're sorry to hear the applicant is frustrated by this decision but we are still open to working with them to find an alternative if possible.'

Ms Hughes also added that the local authority had a 'duty to investigate' the complaint and it was ruled that the fence was too high.