urgently need legal advice before they take my children

martid

I urgently need help with my local social services. For 15 years they have bullied me, been offensive due to lack of understanding about my condition. Nearly every 3yrs or so they pull all my care and make me fight to retrieve it. The last time was August last year claiming I had miss spent funds. They took me to the police under the circumstances they said I was fraudulently claiming care as they had not had medical records in 15 yrs. I wasn't even interviewed by police as when attended station with a solicitor I couldn't even get into the interview room with my wheelchair i was asked if they could have access to my medical records which i agreed and signed paper work in a corridor and the case was dismissed. I have been accused and was under investigation also by social but I don't know why as since September last year I have still not been allowed to answer to any allegations. Taking out all my care and leaving me with 45mins care at 7am 15mins care at 12.30pm and 30 mins care at 9.30pm for toilet breaks leaving me sitting in my chair wet sometimes and not being able to access my boys who were 2 and 3 now 3 and 4 who I was in charge of. I have a daughter with mental health needs who has had to leave and now lives in a hostel due to the distress. We repeated told s.s my condition was relapsing due to the lack of care and support but they refused to visit. My care was dropped from 13 hrs a day and 19 waking nights a month to the above. Since January I have had a very servere relapse and I am now totally bedridden with very little speech, in severe pain in a hospital bed and having to be hoisted by 2 carers as I can no longer transfer myself with support. The social services while I was away at my mums dying bedside the social came in and interviewed 3 of my carers who are not professionally trained or had knowledge of my condition or complaints and now against my care plan written Donna states she needs this we have evidence to suggest otherwise but not once has this been disclosed. I am not entitled to legal aid but need help desperately before they take my kids. I was also working 9hrs a week under the permitted to work rules but due to them taking my care I cannot access work and am now on sick leave. I was also due to further my education by attending college but that was taken as well. I need help to stop this happening to me every time social services has changed social worker or manager and finally get the understanding for my illness and my rights to parent protected. Please can someone help on no win no fee?

DomRavioli

martid wrote: »

I urgently need help with my local social services.

For 15 years they have bullied me, been offensive due to lack of understanding about my condition. Do you have proof of this?

Nearly every 3yrs or so they pull all my care and make me fight to retrieve it. The last time was August last year claiming I had miss spent funds. They took me to the police under the circumstances they said I was fraudulently claiming care as they had not had medical records in 15 yrs. I wasn't even interviewed by police as when attended station with a solicitor I couldn't even get into the interview room with my wheelchair i was asked if they could have access to my medical records which i agreed and signed paper work in a corridor and the case was dismissed.

I have been accused and was under investigation also by social but I don't know why as since September last year I have still not been allowed to answer to any allegations. Have you not contacted them?

Taking out all my care and leaving me with 45mins care at 7am 15mins care at 12.30pm and 30 mins care at 9.30pm for toilet breaks leaving me sitting in my chair wet sometimes and not being able to access my boys who were 2 and 3 now 3 and 4 who I was in charge of. This is a major issue.

I have a daughter with mental health needs who has had to leave and now lives in a hostel due to the distress. Not relevant.

We repeated told s.s my condition was relapsing due to the lack of care and support but they refused to visit. My care was dropped from 13 hrs a day and 19 waking nights a month to the above.

Since January I have had a very servere relapse and I am now totally bedridden with very little speech, in severe pain in a hospital bed and having to be hoisted by 2 carers as I can no longer transfer myself with support. who is looking after your children?

The social services while I was away at my mums dying bedside the social came in and interviewed 3 of my carers who are not professionally trained or had knowledge of my condition or complaints and now against my care plan written Donna states she needs this we have evidence to suggest otherwise but not once has this been disclosed. Don't quite understand this bit.

I am not entitled to legal aid but need help desperately before they take my kids. If you're bedridden and can barely speak, they probably will take a 3 year old and 4 year old out of your care.

I was also working 9hrs a week under the permitted to work rules but due to them taking my care I cannot access work and am now on sick leave.

I was also due to further my education by attending college but that was taken as well. I need help to stop this happening to me every time social services has changed social worker or manager and finally get the understanding for my illness and my rights to parent protected. Please can someone help on no win no fee? What exactly would you be wanting?

Right, now we've made it make sense a little, we can start with the issues.

1. If you are disputing your care package, you contact Social Services.

2. If you are unable to look after your children, then social services will take them - you state you are unable to transfer between a bed and your wheelchair without 2 carers, that could be grounds to say you cannot look after children under 5 on a full time basis.

3. "Rights to Parent" isn't a thing - if you are unable to look after the children, then they can legally be taken away, and with your severe health issues, it sounds like you would not be able to, in your paragraph above you can barely speak and are bedridden - you won't be able to look after a 3 year old then.

4. Why do you need a solicitor? No-one would take this case on a no win no fee basis, as I'm still confused as how a case would proceed.

If you could answer number 4, preferably in paragraphs, that would hopefully enable the forum users to give some more input.

cattermole

Social Services Children's Services have a duty to provide care for your children and this can be within your home, if you are unable to provide the care yourself.

They don't take people's children away unless there are good reasons to do so, and whilst they can be slow to work with Adult Services they should be facilitating the care for the children no matter how disabled you are.

To Domravioli being disabled and unable to look after your children is not enough reason to take them into care and this would mean they should be helping facilitate parenting for someone who is disabled and that would mean help with caring for the children not just for one's own personal care.

Unfortunately due to the lack of joined up working in Adult & Children's Services parents who are severely disabled do face a lack of support. But they are entitled to that support in their parenting role so your point 3 is not entirely correct. However other factors in safeguarding the children could come into play which could be relevant.

A disabled person is entitled to help with caring for their children and this should be incorporated into any assessment.

http://www.nidirect.gov.uk/index/information-and-services/people-with-disabilities/disabled-parents/support-for-disabled-parents.htm

OP perhaps it might be worth contacting an organisation like the one below for some more advice and help?

http://www.dppi.org.uk/

Morglin

If Social Services are beginning steps to remove your children, then you should have been given information as to free legal advice - the children's interests need to be represented, if nothing else.

I do not understand how, if you cannot get out of a chair, or look after yourself, how you could look after 3 toddlers.

If you can travel to your mother's bedside, do some work, and apply to study, how is it that you are chair and housebound?

Is their father or other family around to help?

Has their been any resolution to the alleged fraud?

Very little of this post makes sense, as there is no way SS would go through the expense of taking children into care, just because you need extra carers.

Placing children in care is a last resort, not a first one.

I suggest you follow the advice of the previous posters, and get some expert advice.

Lin

DomRavioli

cattermole wrote: »

Social Services Children's Services have a duty to provide care for your children and this can be within your home, if you are unable to provide the care yourself.

They don't take people's children away unless there are good reasons to do so, and whilst they can be slow to work with Adult Services they should be facilitating the care for the children no matter how disabled you are.

To Domravioli being disabled and unable to look after your children is not enough reason to take them into care and this would mean they should be helping facilitate parenting for someone who is disabled and that would mean help with caring for the children not just for one's own personal care. If they are unable to provide any care, which from the OP seems very apparent as they cannot ambulate anywhere, lack of communication etc. You cannot have a 3 & 4 year old in that environment; social services would usually place in foster care/approved guardianship until a decision was reached regarding future health implications and the possibility of the OP's condition getting better; that is purely down to SOVC/POVC as a three year old is unable to use a cooker/kettle/microwave safely without guidance and/or supervision.

Unfortunately due to the lack of joined up working in Adult & Children's Services parents who are severely disabled do face a lack of support. But they are entitled to that support in their parenting role so your point 3 is not entirely correct. However other factors in safeguarding the children could come into play which could be relevant.

A disabled person is entitled to help with caring for their children and this should be incorporated into any assessment.

http://www.nidirect.gov.uk/index/information-and-services/people-with-disabilities/disabled-parents/support-for-disabled-parents.htm

OP perhaps it might be worth contacting an organisation like the one below for some more advice and help?

http://www.dppi.org.uk/

Please see above. Seems like the OP is a troll who doesn't reply - obviously wasn't as urgent as they made out.

sandy_smith_2

If you are totally bedridden with very little speech then it would appear that your children would be better off in care - at least for the time being until your health improves.

If you are unable to get legal advice then perhaps try to contact CAB for advice.

martid

To reply to above threads I am not a troll I am a 40yr old disabled woman with 4 children 3yrs, 4yrs, 17yrs and my18yr old has bi polar. I did look after my children, cook, clean etc with assistance in keeping them safe, Now they are heavier I cannot lift them but they climb on me. I needed support with domestic tasks getting from a to b outside the house and transfers. Also as I live in a house and cannot access the up stairs and my children can open and climb over stair gates I also needed support in keeping them safe day and at night when they are asleep as I'm in a bedroom downstairs. I also had support to access my work However I was doing all the above and managing a fluctuating illness until they took all my care away which then caused my illness to relapse as couldn't not rest or transfer except at the 3 calls a day. I have not replied sooner as struggled to find how to see my post and replies (yes I suppose you will now call me a disabled idiot!) My husband has been off work since January looking after our children and myself but we are going to loose our house etc if he does not return to work.

Indie_Kid

Can the 17 year old help you with the 2 youngest children?

duchy

So your husband cares for the children .
If he is at home with you and the children why can't he help you with toileting in emergencies or help you change wet clothes after (you refer sitting in a chair in wet clothes)
Was your care package decreased because he wasn't working so you had more support at home ?

DomRavioli

martid wrote: »

To reply to above threads I am not a troll I am a 40yr old disabled woman with 4 children 3yrs, 4yrs, 17yrs and my18yr old has bi polar. I did look after my children, cook, clean etc with assistance in keeping them safe, Now they are heavier I cannot lift them but they climb on me. I needed support with domestic tasks getting from a to b outside the house and transfers. Also as I live in a house and cannot access the up stairs and my children can open and climb over stair gates I also needed support in keeping them safe day and at night when they are asleep as I'm in a bedroom downstairs. I also had support to access my work However I was doing all the above and managing a fluctuating illness until they took all my care away which then caused my illness to relapse as couldn't not rest or transfer except at the 3 calls a day. I have not replied sooner as struggled to find how to see my post and replies (yes I suppose you will now call me a disabled idiot!) My husband has been off work since January looking after our children and myself but we are going to loose our house etc if he does not return to work.

Why did you fail to mention the 17 year old, and your husband? That would have made a huge difference.

martid

Oh yes and I do have proof of s.s behaviour, I have contacted them and made an official complaint via the form of a written letter. I still can cuddle my children from my bed, I still choose their clothes, kiss them decide what they should and shouldn't eat etc I am just not mobile. And they even understand when I say I love you to them. I went to be with my mum who was critically ill with a carer and they pull everything out while I was with my mum (she lived in Spain and my boys were with their godmother) I did not find out they cancelled my package until I returned to Britain after the funeral which happened 2 days after she passed! After reading some people's comments I just hope bad fortune never happens to you as I wasn't always in a wheelchair you know I worked 60hr week paid my taxes etc.