Law surrounding disability

factor29

Hi all,

I've already posted in the family forum and the suggested posting here as you guys may have more advice.

https://forums.moneysavingexpert.com/discussion/5305498


My main concern is whether my sister can be held against her own will. She has been told if she leaves the house she will be grounded despite being 25. And that grounded will also mean not been allowed to the day centre she attends.

Thanks in advance for any help

cattermole

Hi

My initial response is if your sister has enough capacity to create a Facebook account and make contact with you, something somewhere doesn't add up. I find it doubtful with that kind of capacity she would be in a Social Services Day centre. Because the criteria is quite high for that kind of provision so moderate to severe learning disability to receive that kind of service..

Without meeting her then you won't know. The law is Adult Safeguarding and covers any vulnerable adult so you would need to speak to her Social Services department and raise your concerns.

That alone will at least hopefully clarify if she is known to them.

Hope you find out more regarding your sister.

cattermole

Also if she was attending a day centre and didn't attend for a long period it would be flagged up anyway as a concern by the day centre staff.

You can't receive these services without having a Social Worker which means they are responsible in law for her well being.

factor29

Thanks for the reply.

I have met her in the centre. She didn't have a social worker until very recently when she made her feelings known to staff at the centre. They have then referred her to an outside agency who have arranged a social worker for her.

So far she hasn't met her social worker and is waiting for a phone call to arrange a meeting.

[Deleted User]

Sorry i don't understand of grounding her?who has the authority to do this?being sectioned i do understand but you don't imply that.....confused

cattermole

Unfortunately these days you don't keep a social worker, however again unless social services in her area are outsourcing social work provision to a 3rd party it doesn't stack up. Ultimately any vulnerable adult is the responsibility of the local authority.

You can't attend a Council run day centre without a Social Care assessment and any care package is subject to a formal review albeit these days most Local Authorities are very behind with them.

No adult under UK law has any rights over another adult whether a family member or not only the Local Authority has a duty of care in this regard. They could as I said have outsourced Social Work provision but the Local Authority still has responsibility.

If she is being abused that can be financially, mentally then this is a safeguarding issue and the staff at day centre will/should be trained in safe guarding and follow relevant procedures.

If you feel it isn't being taken seriously then it needs to be raised at a higher level.

cattermole

Are you sure it's a social worker the Day Centre have involved or is it an Advocate because these are 3rd party appointments and supposed to be totally independent.

Indie_Kid

Can you talk to her mother? It's possible (someone mentioned this in the other thread) that your sister has managed to take some of the comments the wrong way. This is a common problem for those of us with Autism.

factor29

Thanks guys. Think that clarifies then that she cannot "ground" her or keep her locked in the house.

If she does do this who is the best contact. For example if she was to leave the house to see me then be stopped from going to the centre for a week. Her phone would most likely be taken away from her anyway but in the chance she is able to use a phone would it be the police or social services or other?

Her mother has "grounded" her before.

Contact with her mother is out of the question. She was/is violent and there's a reason we haven't spoken in over ten years. The last time I saw her she went for me and then threatened to get my legs broken. Mother of the year award goes to.....

The home put her in contact with a 3rd party who work alongside the council. There aim is to give disabled people a voice and they have so far managed to get her assigned a social worker. She is having weekly meetings with the 3rd party and he has told her she didn't previously have a social worker and he has had to refer her to get one.

Indie_Kid

You don't need to be refered to get a social worker.