Law surrounding adults with disabilities

pinkshoes

Is your sister frightened of the consequencesmif she breaks the rules at home and goes out?

What would happened if you turned up on Saturday and knocked on the door to take her out?

kezzygirl

Is your sister under the local community learning disabilities team? If so, a call to them will be worth a go- it sounds like a safeguarding issue.

The laws governing people with ld (and everyone else) is the mental capacity act which is based upon the perosns ability to understand, weigh up, retain and communicate information. For example, under the act, it would be considered whether your sister has the capacity to decide for herself whether her mum should manage her finances etc.

With regards to the rest, i.e.grounding her, not allowing her out etc, it is definately a safeguarding concern and you are within your rights to contact your local safeguarding adults board to raise your concerns.

Finally, if your mother has enduring power of attorney with regards to decision making around your sisters health and wealth, the office of public guardian outline how she should be making decisions in your sisters best interests at all times. If she is keeping her money in order to exert control, that is not in her best interests,

contact safeguarding. good luck

BigAunty

factor29 wrote: »

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.
.

The disability and dosh forum members will be able to tell you how receipt of benefits for vulnerable/disabled people work.

There is presumably a mechanism whereby an adult carer or parent can be nominated to receive the benefits on behalf of someone deemed incapable of managing their own affairs.

It is simple to open a basic bank account and it may be simple enough to direct benefit payments to be made directly to the claimant rather than the proxy.

What I assume will be enormously difficult will be changing the attitude and behaviour of your mother if she's using the daughter as a cash cow and effectively challenging her controlling behaviour, if that's the case.

But at the moment, you don't really know if your mum is authorised to receive the benefit or whose bank account it goes into for sure.

Corelli

The way a parent is enabled to look after the benefits of an offspring deemed to be incapable of looking after their own affairs is called being an appointee. Your mother would have filled in forms for the DWP explaining why your sister could not manage a bank account on her own, then she and your sister would have been interviewed in the home by a DWP representative. The advantage for the person claiming DLA in a genuine case is that the appointee also deals with claims and all contact with the DWP on the claimant's behalf.

There must be a way for your sister to revoke this if she wants to. If she needs more support it might be worth looking at advocacy services. An advocate supports a person who is vulnerable, does not do things for them, but helps them prepare for meetings, and will accompany them to meetings, help them make phone call etc. If this seems something you'd like to look into, google advocacy services your area.

Ikamva

It is likely that your sister already has a social worker/care manager as people with learning disabilities have them for life from childhood to old age.

As mentioned above, the Mental Capacity Act will determine what your sister can and cannot do. If your sister has capacity to make a decision, then your mother should not overrule it. However if your sister does not have capacity to make an informed decision, then another person such as your mother can make a decision that is in your sister's best interest.

pmlindyloo

I googled 'reporting abuse of adults with disabilities' and this came up

http://www.bristol.gov.uk/page/adult-care-and-health/report-suspected-abuse-safeguarding-adults-risk

If you do the same with the name of your sister's council there may be an equivalent organization.

[Deleted User]

My son has ASD and I was able to get him a specialist social worker. I was initially told there was a 14 week waiting list just for the case to be discussed, but I kept calling (politely) and a social worker was appointed within two weeks and has been working with my son ever since. I think it was just because I was persistent. There was a lot of 'gatekeeping' where I was told varied things to get me to go away lol. This sounds like just the sort of thing a specialist social worker would deal with, but it may take a few phone calls to get someone to take on the case because there never are enough staff. It sounds like your input is vital because you can explain how things work in the home.

However, also be prepared for your sister to be very frightened and it may be difficult to break her free of the home.., or improve her situation. She's been brainwashed into doing as wanted., and the idea of being more independent, while much wanted, will be very scary if she's never been independent or made decisions for herself. A lot of patience needed and back sliding is quite possible. Accept that as part of the journey.

*max*

factor29 wrote: »

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.

Do you think, maybe, she misunderstands what her mother says? As in "please don't go out by yourself, it's not safe" translates to her as "you're not allowed to go out"? Did she maybe walk out and disappear for a while, which would have prompted her mother to use threats? (Not that I'm condoning, but in the heat of the moment..."you're never leaving again, you scared me so much!" could have been taken literally).
It just seems odd that she's "allowed" out for classes, or at the care centre, but otherwise confined to her room.

factor29

*max* wrote: »

Do you think, maybe, she misunderstands what her mother says? As in "please don't go out by yourself, it's not safe" translates to her as "you're not allowed to go out"? Did she maybe walk out and disappear for a while, which would have prompted her mother to use threats? (Not that I'm condoning, but in the heat of the moment..."you're never leaving again, you scared me so much!" could have been taken literally).
It just seems odd that she's "allowed" out for classes, or at the care centre, but otherwise confined to her room.

No she has specifically been told that if she leaves the house she will be grounded. She has left the house before, when she returned she was stopped from going to the centre and "grounded" despite not been able to leave the house anyway.

She isn't allowed to eat tea with the rest of the family, isn't taken to see other family or taken out. She is left in her bedroom unless eating or at the day centre. A bus picks her up from home and drops her back off so she has no outside contact other than the day centre

woohoo

The advice around making a 'safeguarding' referral is correct. If you contact your local Social Care team and tell them you wish to make such a referral it will be a priority. These referrals have to be taken seriously, and even if the allegations are not substantiated, then you will know someone has looked into this. Nowadays, people with learning disabilities are not allocated a social worker for life. The case is opened and closed according to need. People can be left unmonitored for years. However, if she attends a centre then staff there will know her well and should report any concerns that they have also. I wonder if they share your concerns?

Things are often not as straightforward as they first seem - family dynamics and all!!!

Good luck