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Court of Protection. - Carers UK Forum

Court of Protection.

Share information, support and advice on all aspects of caring.
I've had a phone call from our pro bono solicitor to confirm that the orders under which my sons,in their 20s,are held by the council are no longer considered legal.They are the cheap fast-track removal of human rights through the Court of Protection,which don't involve Deprivation of Liberty safeguards (for what they're worth).
This is due to the 2014 Supreme Court ruling that even disabled men and women could not be deprived of their human rights without a proper hearing in a (secret) court.I'm seriously disappointed that neither the various autistic groups,nor Carers UK seem to have anything to say on the matter.Google 'Court of Protection Cheshire West Supreme Court' for more.
The situation,from 2014,was that no more of the illegal orders could be made,but those that were in existence,and the rulings made under them,hold until the case is resubmitted to court.My solicitor tells me that there are thousands of cases.
We are going to re-apply for Legal Aid in an attempt to allow my sons to get out of the unit,and come home.
John, that is fantastic news.

Please keep us updated.

Melly1
Thanks Melly1.
I may have given the impression that I think that there's a chance of winning,but I doubt that there is.

I've still been unable to persuade a city councillor to come and see me and the boys together.It's 14 years and two months now,and still they're refusing.It can't be like this in the world outside Stoke-on-Trent,can it?
John, this poem first appeared in our Carers Magazine about 20 years ago. I printed it off and it was stuck about my computer for many years. It certainly kept me going many times when I felt like giving up.


Don't You Quit

An Inspirational Poem

[God's Star Factory]

When things go wrong, as they sometimes will,
When the road you're trudging seems all uphill,
When the funds are low and the debts are high,
And you want to smile, but you have to sigh,
When care is pressing you down a bit-
Rest if you must, but don't you quit.
Life is queer with its twists and turns,
As every one of us sometimes learns,
And many a fellow turns about
When he might have won had he stuck it out.
Don't give up though the pace seems slow -
You may succeed with another blow.
Often the goal is nearer than
It seems to a faint and faltering man;
Often the struggler has given up
Whe he might have captured the victor's cup;
And he learned too late when the night came down,
How close he was to the golden crown.
Success is failure turned inside out -
The silver tint in the clouds of doubt,
And you never can tell how close you are,
It might be near when it seems afar;
So stick to the fight when you're hardest hit -
It's when things seem worst that you must not quit.
Some time back (2009-2011) we had a member Stephen Neary who took on the powers to be (and won) over a Deprivation of Liberty Order regarding his son - see here
https://www.carersuk.org/forum/news-cam ... erty#p9339

Also if you google "Stephen Neary case" you'll get more details of the case. Get your solicitor to look it all up as there may very well be precedent set that will help your case.
susieq wrote:Some time back (2009-2011) we had a member Stephen Neary who took on the powers to be (and won) over a Deprivation of Liberty Order regarding his son - see here
https://www.carersuk.org/forum/news-cam ... erty#p9339

Also if you google "Stephen Neary case" you'll get more details of the case. Get your solicitor to look it all up as there may very well be precedent set that will help your case.
I can always hope!

At present:

I am restricted to 24 hours 'Family Contact' a year with both Owen and Eliot.
Not allowed to have them both at home at any time.(Following my complaint about the council to the Ombudsman).
Still refused any financial support for the 70 hours a week,including two overnights,that Owen is allowed home.

Meanwhile:
The council have thus far refused to reply to my solicitor's letters.
My sons' social-worker,the manager of the unit,my councillor,and my MP (Tristram Hunt) refuse to discuss the matter with me,or reply to emails on the subject.

And,no,I haven't got a criminal record,though I've got a degree.I'm not on any sex-offenders' register.I don't drink or smoke,Etc.

Is it really like this in the rest of the world,or is it just this bloody weird city?
I have read taken by sue o Callaghan , and spoken to wanda madocks on facebook ,
studied youtube videos by bill Maloney , no one can fight the system , the scales of justice will allways be on the governments side , the public sector will allways beat the private sector ,

at any cost they will allways be seen to be perfect ..............
That's very negative. Nothing is cast in tablets of stone, things CAN change. Not always easy though.
karl_16081 wrote:I have read taken by sue o Callaghan , and spoken to wanda madocks on facebook ,
studied youtube videos by bill Maloney , no one can fight the system , the scales of justice will allways be on the governments side , the public sector will allways beat the private sector ,

at any cost they will allways be seen to be perfect ..............
My former solicitor told me that we'd 'won',because despite admitting that I'd put the phone down on the council officer that day,I was still allowed to see my children ten years later,even though we aren't allowed to be together as a family.

I'd strongly advise anyone shaking hands with social services to wear a thick glove,and have witnesses.
Letter and phone-call from my solicitor to say that the council are taking us to court for 'the nuclear option'-full-life removal of human rights and deprivation of liberty.Apparently because my sons must have 'continuity' of their removal at the ages of 11 and 16 by Children's services after I showed "a lack of deference" by putting the phone down on a council officer in 2005.Local government workers never forgive or forget,do they?