Threatened by court of protection by social worker.

[CT76]

So my son was due to start residential college in September but his transition is not proving a positive experience for him. Staff have been late for visits, no communication around this and now lies have been told. All the visits have had a negative impact on his mental well being. During one visit he was stuck for 2n half hours, naked on the bathroom floor 😔. Ive told the team I do not want him going to the college and asked to explore other provisions. A covering social worker has said I must carry on with the best interest plan as its in my son's best interest. I said I wont be as its having a negative impact on him and I said I am not attending a meeting today with the college and her to listen to more excuses and lies. She has threatened to go to the court of protection for a judge to decide. If I dont co operate. My son's advocate stepped in and told her my son's best interest was not a final decision and it was open to review,depending on how transistion went and if it was difficult for my son in any way, which it is, thefore a review is needed. But she continues to push me into meeting with the college and is not very nice in her manner. I just dont know what to do so can any body advise x

[Eeviee]

Do not be bullied. If you have deputyship yourself you are in a stronger position however I would be on the attack and make a complaint about the college to the education and social care departments who are funding this place. I would be surprised if they wanted to fund an expensive placement that is not up to standard. . I would also name and shame the college as we and many others have had similar bad experiences and these “colleges” hide behind their anonymity. Some are nothing more than money making schemes for their owners.

[CT76 in reply to Eeviee]

Idont have deputyship ..when I explored it I was told they dont grant it until theres an issue so I didnt bother. Oh yes I should complain to education. When you say social care is that social services? As the social worker we have covering is pushing for me to go ahead with transition

[Jofisher]

I would get an independent mental capacity advocate as soon as possible unless the person you mentioned is one of those as I’m not sure. I would also consider a consultant social worker who are independent and can advise you and this can be paid for with your sons money as this is for him. I would also apply for a deputyship for finances and health otherwise you can become overwhelmed by the system I nearly was. Thank god I got the deputyships otherwise my son would have been lost to the system.

[CT76 in reply to Jofisher]

I know hes an independent advocate.. not sure a mental capacity one. Ah yes maybe I can try an independent consultant social worker.. not sure where?

[Jofisher in reply to CT76]

I know one you could try her or at least she could advise you if not where to find one. 07554 992560 Vanessa Evans she’s so lovely and extremely knowledgeable

[CT76 in reply to Jofisher]

Thankyou so much

[Newbeach18]

Hi CT76I am very sorry to read how tough it is for you. I am hoping that you have good supportive people around you to help and advice. I have been unable to get a advocate for us as I have been told that they do not cover this area. We live in Sidcup..

I have trusted people in the past and have been so badly let down. My sons social worker wants me to attend a meeting next Tuesday and I am scared that if I made to sign a form I am signing my son into the care system. I would prefer to go to court. My son is 24 and I have taken care of h all his life My son had Physois and I was advised to let him receive specialist care. We are now 10 weeks in.

I really do feel for you and would like you to know that you are not alone.

[CT76 in reply to Newbeach18]

Its really hard. I feel the same ..ive cared for my son 19 years given him the best to be let down x

[Rupertthebear]

Take an independent professional person with you . Have your case prepared . You will have to consult an educational consultant . I can recommend Fiona she’s very good and cheaper she may take your case.

[CT76 in reply to Rupertthebear]

Thankyou

[Steve__]

Hi, really sorry to hear about the situation.

From what you say, a full set of evidence might lead the court of protection to back you up rather than the SW??

The Court works for the law, not for Social Services! If you read the COP judgements then you'll see that social services only win the ones where they've got solid grounds, and they certainly don't win them all.

Maybe collect or record all the evidence for what you know to be true, perhaps via old or new emails or helpful 3rd parties? This would be handy for COP, a new best interests meeting, or a complaint. A lawyer or independent social worker might be able to find some parts of the Care Act that might mean "best interests" can be redefined in be a way that fits the current needs?

It is also possible to complain directly to CQC etc about residential places... I am not recommending that at all, as it's a big thing and must be your choice, but the residential place might have various new approaches to the situation if they think a complaint is likely??

Don't do that without a second opinion, but in simple terms if people are suggesting you are powerless, then that isn't true or fair. Equally, if you can email SW to ask about what they are up to, and to answer your points of concern, then you might gather in writing stuff you can contest, or be able to point out their failure to address important to factors in the needed care.

If the place is as bad as you say at communication and conduct now, then that does not bode well for the future, so is it to be avoided by all fair means?? Whilst keeping the moral high ground and an evidence trail (the court of protection likes both of those!) maybe collect some additional legal/professional opinions until you are clear about how to get a better plan B?

Second opinions always important, and every case different, so don't trust me on any of this and get good advice, but I think people in this chat agree on you standing for what you think is right!

Good luck!

[CT76 in reply to Steve__]

Thankyou for this. Appreciate your advice

[Patch121]

I feel social workers can become bullies. I also feel that they can intimidate people who challenge their decisions. I think as you have the advocate on your side, you should both get together and try and look into the guidelines. I speak from personal experience social workers are almost untouchable but they definitely get things wrong.

You need to get as much help support and independent advice as possible. Have you talked to citizens advice ?

They may be able to help. Also just having read about sibs, Mencap perhaps they could advise.

Please do not be bullied, you know your son. You will know more about his behaviour and responses to situations than anyone else. I have a huge complaint going on . I lost lots of time as my confidence was low and I feel social work put me there but once I realised they did not know better I turned things around. They have a complaints system, and you have an MP they can help you if you are not getting what you think you need. Please make sure and keep all paperwork,texts messages and emails.

When I complained to the social work dept. I discovered they had not done anything with my complaint. I then had to send it to the complaints dept. That wasted alot of time.

I believe the social worker would have to have good reason to take it to court.

If you can get any legal advice that might be helpful. If you have any social work friends or know someone who knows a social worker then you could find out the processes.

This is how I turned things around. And something else to consider is a power of attorney( you would need to take legal advice) so please excuse me if I not exactly accurate with the term. But It means you can make decisions for your son and social work I believe have to listen. But please I am not fully clued up so please spak to a lawyer.

I hope that helps . Good luck. Do not be bullied.

Remember you know your son better than anyone.

Social workers leave you are there for as long as it takes, so you need to be sure he has the right package in place to make his life the best it can be.