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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33823
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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WE have a disabled son who is under the local authority Disabled

Resolved Question:

WE have a disabled son who is under the local authority Disabled team we have been fighting them for a number of years to try to get what is rightfully his. They hold his deputy ship which includes his own benefit money.We have booked a holiday in September 2014 but as of this date they have not come up with his contribution towards the holiday. Also we have tried to contact his care manager but we have just found out that as of last week he does not have one. This council has had a report from OFSTED which highlights the failings of the social services in respect of the disabled people in their care and to say that they are totally inadequate in their care of the disabled people. But we need guidance to go the correct way.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I WILL WAIT FOR YOUR ANSWER

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your son and why do the Local authority act as his Deputy rather than a family member?
Clare
Customer: replied 2 years ago.

Hi Clare,

Martin Blythe is my stepson he is 29 years old his Deputy ship was taken

over by the local council because they thought that his finances was not all going on him. But they had no evidence of fowl play, We can say that all of his benefit plus more was being spent solely on him.

COLIN

Expert:  Clare replied 2 years ago.
Hi
When did that happen?
Clare
Customer: replied 2 years ago.

Hi Clare,

We had taken away in June 2013.

Customer: replied 2 years ago.

HI CLARE:

MAY JUNE LAST YEAR 2013

Expert:  Clare replied 2 years ago.
Hi
Was there a full hearing at the Court of Protection?
Clare
Customer: replied 2 years ago.

Yes there was but it was said that it would be returned to the family as soon as it was shown and agreed by all parties as to who would hold it only the council has stated that they no longer want to keep it. They was unsure as to the allegations being made by the council. We had a meeting at the council and put forward a solution to pass the deputy ship back to the biological parents this was agreed in principle by all concerned but since then they have not put into practice.

Expert:  Clare replied 2 years ago.
Hi
When was this agreement reached?
Was your son represented by the Official Solicitor?
Clare
Customer: replied 2 years ago.

He was represented by the official but the solicitor stated that he could not represent him with his finance problems as it would go outside his legal responsibility as the official solicitor.

Expert:  Clare replied 2 years ago.
hi
But the OS was involved when the agreement that the Deputyship should revert to the Biological parents was made?
Clare
Customer: replied 2 years ago.

No this was made at a meeting between ourselves and the local authority our sons care manager was their but since this was agreed he has left the local authority.We do have some witnesses to this meeting.

Expert:  Clare replied 2 years ago.
Hi
When was the agreement made?
Clare
Customer: replied 2 years ago.

After the High Court Case.

Expert:  Clare replied 2 years ago.
Hi
Who at the Local Authority made the agreement with you?
Clare
Customer: replied 2 years ago.

It was my sons care worker at the time a lady called Sheri Wallis who was in the finance department a senior manager i do not recall her name.

Expert:  Clare replied 2 years ago.
Hi
So at present there is no Appointed Care Worker - who are you dealing with in Finance?
Clare
Customer: replied 2 years ago.

Nobody at moment, we can not ascertain who is their. We now no that our son does not have a care worker or care Manager, we have to ring to speak to a worker who will pass onto the care panel then they have to have a discussion then get back to us.

Expert:  Clare replied 2 years ago.
Hi
This is not acceptable.
They have a statutory duty of Care towards your son and there has to be a named person who you can deal with regarding the Financial issues - this is not something that can be dealt with on an Ad Hoc basis.
You have two ways forward.
The first is to follow the LA's written complaints process to the very top:
The second is to make an application to the Court Of Protection for the Deputyship to be removed from the Authority because of their failure to deal with the matter properly
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33823
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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