Update on previous post "Help Needed"

[Bsh693]

Thanks for replies received , I have supported my son at court today which was scary as custodial sentence was mentioned because of the offence !!! He received a community service order on top of 1x he already has & told by judge to stay out trouble because if he offends again then he will be back in front of a bench & jail maybe be only option required !!! My son has complex learning disabilities with limited capacity but the care system deem him to have capacity which is frustrating beyond belief , He has been accessed for mental capacity over finances because I was appointee for his benefits 3yrs but when I made decisions in his "best interests" I was deemed to be doing wrong !!! I'm so in need of help as my son needs care to support which I feel is lacking in current placement , they say without Dol's in place they are powerless but the authority paying for care deem my son has capacity ??? How can I ask for Dol's ? I feel my son needs residential care with a locked door policy & only going out with staff support for his safety & others or with trained staff that will be able to de-escalate when needed , if my son had structure & purpose of his daily/weekly life then he will be compliant in most situations but this all comes down to staff support that understand learning disabled , with encouragement , frequent reminders & positive cues anything is possible but this all has to happen constantly which comes down to good staff with good communication & care plans that suit the individual ...... hasn't happened since my son left home I have suggested having my son return home but to have that happen myself or Dad would have to resign from job to care full time & then you get very little support from outside services because you are providing the care , I have also been told that if my son were to come back home & I locked the front door that I would be breaking his human rights if he were to want to go out of & evening without support , when I gave an example of him wanting to go out at 11pm unsupported with no planned arrangement that would be my son's human right to do so if he wished !!! I find this disturbing that this can be so , I moved my home 230 miles when my son was placed on Section 3 back in 2013 to be nearer to support which is over & above what most families would do , I need help as to how to protect my son from being sent to jail when he cannot control his anger or impulse behaviour when not being supported , Look forward to reading any advice given ,

Thanks in advance

Bsh693

[Jofisher]

Hi find him an advocate through aN advocacy charity and get them to support you and get a consultant social worker who knows their stuff so they can help and support you.

[Bsh693 in reply to Jofisher]

Because the paying authority is not my local does this matter ?

[Jofisher]

It shouldn’t no I had to use a consultant social worker as I had so many problems with my sons home he’s out of it now with the help of the social worker she’s been brilliant.

[Bsh693 in reply to Jofisher]

Thanks for advice will do some research on this Xx

[49Twister]

So sorry to hear of your struggle and the situation your in. Has your son been assessed by a psychologist and what are his disabilities. I know some people don’t like labels but I believe it helps. What kind of placement is he in? How much support does he receive. Is he in supported living? It doesn’t sound like he is in supported living as he would have care plans etc, which I have to add most staff don’t read them. Does he not have a social worker who should be sorting all this out. I have heard too many times of the system deeming the LD as having capacity and I for one like you don’t believe it to be the case for many. This comes up time and time again putting our son’s and daughters at huge risk in society. The Mental Capacity Act needs changing urgently, but I believe this won’t happen as again it would be deemed too expensive and as usual they aren’t important enough in society!!! It is such a serious issue that needs changing. If he lived with you and you felt that you needed to lock the door in order to keep him safe, so be it, never mind what other people think, I certainly would. I know this is not ideal situation for you but I and most people on here are on your side. I’m sorry I don’t know about Dols hope someone on here can help. Take care and keep us posted and good luck. x