urgently need legal advice before they take my children

martid

My husband normally works in London he leaves at 6.30am on days returning at 8pm or on nights leaves at 7.15pm and returns 8.45am and works shifts. This happened in September I managed until January my illness deteriated rapidly until I was finely bedridden in Jan and yes we did notified social. My 17 yr old is in full time education and taking her A levels and is struggling she is under young carers. She helps out when she can her and my husband help me to the bathroom in between care visits but this now takes 2 people as I have to be hoisted

cattermole

duchy wrote: »

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 ?

Relatives are not legally responsible for providing care to another adult, a lot of people on these forums seem to think they are but they are not. Morally yes they feel they want to do as much as possible, it is not for you or I to question what relatives are doing or should be doing. There are all sorts of personal reasons why some relatives feel unable to do certain tasks and also the person being cared for may not want a relative to carry out certain tasks particularly of a very personal nature.

The Poor Laws no longer exist, the duty of care falls on the Local Authority and has done since 1948 when the Poor Laws were abolished and the National Assistance Act came into being. The scope of which has been extended by numerous additional legislation since.

When a LA does a Care Assessment they may ask what care is provided by a relative but they shouldn't pull a care package based on whether someone is working or not or assume care is being provided by a relative.

There is a big myth surrounding relatives duty of care and whilst because of lack of funding LA's will look to get as much done by relatives as possible the Duty of Care lies with the LA.

Sorry you have had such well lets say not very helpful comments from some people OP, I do think the best way forward is to try and get some independent advice for you and your family.

Anyone who is interested in Care Provision and the Law I can recommend Luke Clements for further reading, he is also an excellent speaker and well worth going to listen to if you get the opportunity. In addition to being a Professor in Law. He also is a practising lawyer for a progressive nationwide company that specialises in disability issues and HR.

http://www.lukeclements.co.uk/

sandy_smith_2

I apologise for my earlier comment - I didn't realise your husband was at home.

So your care package was suspended/cancelled whilst you were overseas. Did you inform social services before hand that you were leaving the country and how long you'd be away for?

Is their not a designated social worker or occupational therapist who you could speak to? If not go and see your local Citizens Advice folks ans they will offer advice or refer you onto another local charity who can.

Torry_Quine

It might be best if your husband stopped work and was then at home to care for the children.

Poppie68

As it's the welfare of the younger children that seems to be at stake how about employing an Au Pair or mothers help? They will be able to makesure the children are safe, fed and entertained throughout the day until other family members get home.

mummyroysof3

Ok so your husband needs to give up his job and become your carer and look after the children ASAP. Do you own or rent? What benefits do you claim? I am failing to see why if you have a husband that social services are even involved win your children tbh

martid

Cattermole thank you so much for your help, understanding and compassion! I'm sure people will complain if my husband gives up his job, we live off benefits, loose our house and they have to re home in a 4 bed bungalow. We do everything to receive as little support as possible. I will look up the gentleman you recommended thank you so much. Why should I loose my children because the social services cause me distress, anxiety and exhaustion which caused my state now????

tomtontom

martid wrote: »

Cattermole thank you so much for your help, understanding and compassion! I'm sure people will complain if my husband gives up his job, we live off benefits, loose our house and they have to re home in a 4 bed bungalow. We do everything to receive as little support as possible. I will look up the gentleman you recommended thank you so much. Why should I loose my children because the social services cause me distress, anxiety and exhaustion which caused my state now????

No one would complain if he gave up work to care for you and his children. If you think the authority will rehouse you in a four bed bungalow you need a reality check - you may be a priority but until something suitable comes up (which could be years) you would be placed in whatever is available.

What you describe is not bullying or a conscious effort to cause you distress, it is a symptom of social services being massively overstretched. Whilst the law says they have a duty of care towards you, the reality is they simply do not have the resources to provide the level of support you need, which is why benefits are available for your husband to stay at home.

bloolagoon

I don't understand how you getting care needs helps your poor children.

Who takes them to nursery?

Who cooks their meals?

Who takes them outside?

Who plays with them?

Who keeps them safe?

If the answer us no one as you are bedridden and OH is working then sorry but I can see why SS have concerns.

kaya

I don't understand this, if i was your husband I would dump my job in a flash and be there to care for my loved ones 24/7 ,no arguements, no questions, but you recon he would rather see social services take his children away and leave his wife sitting in her own urine all day long than jack in his his job? I can smell bovine fecal matter.........