Law surrounding adults with disabilities

factor29

Long story short - I have a sister who I lost contact with around 10 years ago due to family issues.

Wasn't aware of where she was living or how to contact her.

Recently she has contacted me after creating a Facebook account for herself.

She is 25 and lives with our birth mother who I haven't spoken to in just as long (long story!) who I believe is mistreating her.

My sister has mild learning difficulties/autism and is partially deaf. Her mother receives disability allowance for her and sends her off to a council run day centre every weekday. When she is not at the centre she is confined to her bedroom, isn't allowed out of the house and is not allowed to make decisions for herself. She has no say in what food she eats, what clothes she is allowed to wear etc as her mother is in control of her finances and essentially her life.

She is being cast out of the family life, not allowed to eat with them, treat like she doesn't exist.

Can anyone let me know of the law around this? What are her rights to her going out by herself and making at least some of her own decisions?

If her mother found out she had made contact she wouldn't be best pleased - however I am wanting to meet up with her at weekends - but she isn't given permission to leave the house.

Also who is the best contact about the concerns I have? She has already told the care centre she visits who have referred her top social services however that is taking time.

SailorSam

If your Sister has already told the care centre, is there no way you could get away for a few hours and meet her there ?
If she's an adult, 25yrs old. Your Mum, or as you've called her, your Sisters Mum is virtually keeping her prisoner, so surely the Social Services or even the Police should pay her a visit.

neneromanova

Surely, if it's just mild autism/learning difficulties, she can just get up and walk out the house?

LilElvis

Do you know that your sister is being treated in this way because you have witnessed it, or is it just what she has told you on FB?

Have you contacted social services?

BigAunty

You could also cross post on the disability and dosh forum who may be aware of other strategies for dealing with this type of abuse.

You could perhaps look into helping her apply for supported housing designed to help the disabled be more independent or social housing as allocation tends to favour those with disabilities and health issues. Have a look at her accommodation options.

Again, perhaps the disability and dosh forum can recommend charities that can help with accommodation, socialising, advice on her options and how you can help her, like Scope, Mencap and Leonard Cheshire.

Can you see your sister working in any capacity or going to college? Does she want a job or to undertake voluntary work or study? It is possible to claim DLA (now moving over to PIP) and take up employment or education. I think the other type of sickness benefit (ESA) has more conditionality when it comes to working and receiving it.

Does your mother receive Carers Allowance for her or does your mother work?

jackyann

I think that the first step is to talk to the staff at the day centre. They are experienced in dealing with such situations. They will not be able to tell you any confidential details about your sister, but will be able to listen to your concerns, and tell you the best contact at social services.

I then think you need to talk to the social services team that deal with adults with learning disabilities. If they know that your sister has spoken to you about her concerns, this will add up when they are prioritising cases.

AnnieO1234

I know this is hard but you need to separate out feelings of ill for your birth mother with what is possibly exaggeration on the part of your sister. If you're certain she is being treated like this, a financial slave, you must inform adult social services immediately. There will be an out of hours contact number for emergencies, this qualifies. They will not let your birth mother know who reported it although she may guess.

Hugs hon xxx

fairy_lights

neneromanova wrote: »

Surely, if it's just mild autism/learning difficulties, she can just get up and walk out the house?

I was thinking the same, if her difficulties are only mild there's no reason why she can't work and live independently so it's seems odd that she would attend a day centre everyday and not have access to any education or other support. Perhaps her problems are more severe than you know, OP, or maybe she is not being entirely truthful?

BigAunty

neneromanova wrote: »

Surely, if it's just mild autism/learning difficulties, she can just get up and walk out the house?

That sounds like a rational response but you aren't taking into account any kind of emotional pressure, lack of maturity and independence on the part of the disabled sister, the family dynamic that keeps her there.

She has feet but perhaps she doesn't have any confidence. There is a front door but where do you go without any money or social connections? This is the only life she knows and her disability may compromise her thinking and planning skills.

She is aware that her life could be better but hasn't got the first idea how to change it. If she does know how to change it, maybe she gets pressurised not to follow through with her ideas. If she does make an attempt to change things, may be she is subject to further punishment to prevent this.

So even if the alleged abuse is exaggerated or baseless, where does a perhaps friendless and broke disabled person go to?

To the OP - are you in the position to offer her accommodation, perhaps now or in the future if you get a joint tenancy together?

Does your mother have some kind of Power of Attorney over her? I don't know if it's called a different thing when it comes to benefits but does the mother receive her daughter's benefits on her behalf or is your sister the direct claimant and the mum merely controls her bank account? Is there any way you can get it changed to yourself or to your sister?

Indie_Kid

neneromanova wrote: »

Surely, if it's just mild autism/learning difficulties, she can just get up and walk out the house?

If only it was that simple. It really isn't.

factor29

Thanks for the replies so far.

I saw her this morning at the care centre for the first time in ten years after we have been speaking for the last couple of weeks. The centre are aware of her concerns they have already referred her to an organisation who deal with disabled people and have managed to get her a social worker although she hasn't had any contact from them so far.

Her mother has always liked to over exaggerate her illnesses unfortunately because money is the only thing that motivates her. She is able to communicate, has attended college and passed at least one exam etc. the jobcentere recently spoke to her through a workshop at the centre and asked if she would like to look for work and her mother told her she "wasn't allowed to".

My problem/worry is that due to working during the day I am unable to see her at the centre unless I have a day off.

She isn't allowed to leave the house in the evening or weekend however I'm guessing this is surely false imprisonment or something along those lines? She has been told before if she goes out the house she will be grounded for a week and not allowed to the day centre - instead confined to her bedroom. I'd also guess this is not entirely legal, but is why she's afraid to just walk out and why I wouldn't want her to. I have kids myself and just two bedrooms so I don't have space for her here otherwise I would have offered.

I'm not sure of the position with the disability allowance. I know her mother receives it but unsure why - I don't think my sister has a bank account.

I also know the claims won't be exaggerated having gone through similar mental abuse as a child myself. Unfortunately for my sister she is still treat like a child as she isn't given the opportunity to act like an adult as everything is dictated for her.