Is this a Care Home?

[John_1407]

Two of my sons are 21 and 26,and have autism with learning disabilities.The local council removed them in 2005 on the grounds that I "might at a future time show a lack of deference to social services" and hold them under Court of Protection orders.They are with me-one or the other-every day,including two overnights a week,but are otherwise lodged in a bungalow.The order states that they are stripped of their human right to chose their place of residence because of their disability.
Until 2013,the bungalow was a council care home.It had a manageress,two deputy-manageresses,and a stable of carers who were local-government employees.In 2013,the council made it into a tenancy,with my sons allowed,under the terms of the tenancy,to vacate the premises on 6 weeks' notice.Despite this,the court order remains,and they are not allowed to leave.There is still a manageress,etc.,running the property,and the staff are still council employees.The only difference seems to be that the council can now tap my sons' benefits to pay utility bills,etc.,and have blocked any financil support for myself for the 60 hours' care I provide at home.
So my question-come to think of it two questions-is/are:
Is this still a care home?
If not,what's the name for a tenancy which one cannot leave?

Insight welcome!

[jenny lucas]

Hmm, I suspect you need expert legal advice....sounds like a very 'tricky' area. I take it your sons have been deemed to be without legal capacity, and therefore 'the State' is now their legal guardian taking decisions they deem to be in your sons' best interests.

I wonder if that chap at the Daily Mail, who champions family rights in Family Courts, might be a possible contact for you?

I have to say, speaking as a tax-paying citizen of a democratic country, that I find the term 'deference' in respect of State employees to be highly offensive. They are the servants of the people, not our masters, whoever's interests they are working in! It's an offensive term to use in this country. Not a single citizen should ever show 'deference' to any other person, who ever they are - deference is NOT the same thing as 'respect for the office'.

That said, of course 'the State' must act in the best interests of those vulnerable citizens (such as your sons), but quite what constitutes 'best' may well be debateable!

[John_1407]

Hi,Jenny.
Thanks for the reply.I'm not a native of the area,and I find this notion of "deference" a strange one.In shops,mums will tell kids to "make room for the maister" (master).I asked one councillor if she'd been aware of abuse/neglect carried out on my sons (their late mother would take them out every day,and Owen would risk his life running away from her and back home to me) and she said "if you continue to question my integrity,I shall contact the council's Legal Department" rather than answer-this for a period before she was a councillor,but an acquaintance of my wife's.
We've run through all our Legal Aid,some 60 or 80 thousand pounds,since I was accused of possible future lack of deference,and we have no solicitor.My son's were deemed to have no capacity to suffer from the removal of their human rights because they were unabled to define the concept of 'freedom'.The Supreme Court cast doubt on the validity of such rulings in the Cheshire West case.
The staff are the same as the ones at the unit,the building is the same one.The manageress
is the same,my sons come home on the usual days,and are not allowed to come back to live here,but must be returned to what I still call the unit.The social worker wants me to call our contact as a family "Owen and Eliot coming round from their home to yours to visit".

[DC-dogmummy]

Have you ever talked with Mark Neary? He is one of the people on the Human Rights Act adverts and his son was also under a DOLs. He successfully took his council to court and has Stephen back at home with an army of carers. He is on twitter and fb. There is no-one more expert in this field.

[John_1407]

I'll have a try,Denise,thanks for the suggestion!
There's talk of our being allowed together as a family for a couple of hours,maybe before the New Year.(one son lives with me,the other two are only allowed home separately,so we're never together as a family).As I've mentioned elsewhere,I've tried everyone else,including my MP,the Honerable (sic) Tristrum Hunt,who told me to clear off.

[DC-dogmummy]

I have messaged Mark on fb to tell him I recommended him as someone who might be able to help and he is ok with it so good luck

[John_1407]

Thanks,Denise.Fingers crossed.
Even on Christmas Day we're not going to be allowed to be together as a family.Eliot will have to stay in the unit,round the corner,since all-family contact was ended the day the social-worker discovered I'd (successfully) reported him to the Ombudsman.I strongly suspect that Tristrum Hunt would be happy to help were we only asylum seekers,genuine or not.

[DC-dogmummy]

http://www.lulu.com/shop/mark-neary/get ... 83170.html
link to Marks book about his fight

[Scally]

I think that you have a need for independent advocacy, and I strongly suggest you listen to the advice that you get from them, as some of the advice you have received is not accurate. Nuff said.

[John_1407]

Denise and Scally,
Thank you both for taking the time to reply.I've taken a few days off to feel sorry for myself-a cold hasn't helped.I've seen more of the boys.We went out together on Monday-first time we've been allowed out as a family since 2004-and were driven to Leek and back.Not allowed to get out of the care in Leek,mind you,just driven around the town-centre and back-but it's a start!

Fifth Christmas in a row in which the council are blocking any financial support for looking after Owen,and I still don't know why.

John.