Social Services Discrimination against my disabled partner

[Melgregory]

My partner was involved in a serious road accident in July 2014, as a result he has a brain injury and has lost a leg and is now a full time wheelchair user.
Back in September 2015 there was talk about him being discharged in the near future and social care were contacted to do an assessment on him, this was due to the fact that when he came out of a coma he was demonstrating some challenging behaviour and because we have a 7 year old child. Social Care have said in their opinion he is not to come home at all and they want to put him in a flat away from his family and the people that care about him.
my partner, has stated he doesn't want this, he firmly states he wants to come home.

Since this assessment which involved them spending the whole of about 10 minutes with him they have decided he is a risk as in he COULD hit our son.
He never has but they are basing this on "what ifs"

Recently they sent me a file, they were minutes from a closed meeting where they have discussed various points, they have diagnosed me with a mental health condition, they have said I have been arrested for affray and have labelled my partner as some sort of sex pest. It is completely untrue, my partner has a clean record, due to his line of employment prior to this accident he had to apply for a CRB every 3 years and apart from 2 driving offences and a caution he is one of the good guys. The same with myself, I have nothing to hide.

His own social worker that deals with people with brain injuries is supposed to be on his side but he too is against him coming home. I have put in a complaint about him and requested a new social worker but what I really need is a decent solicitor who is prepared to take on these people and stop them from destroying our family by trying to split us up.

I'm not a little child, I'm a 43 year old mum of 3, they are 18, 16 and 7.
My partner is 41. We didn't ask for social services to become involved, this was just an unfortunate event that has triggered all of this off.

In the file it also states that my family were previously known to social services, again this is wrong. I worry that this paper work will follow my family around for the rest of their life and its full of lies. What will they think in years to come? They will think I am some sort of lousy parent.

Any advice welcome, thank you

[Melgregory]

I've contacted the media, emailed several solicitors and found the head of social services and emailed them too. Is there another avenue that I can try?

[Suzie, FRG Adviser]

Dear Mel,

I am sorry to read about the injuries your husband has suffered. This must have been devastating for all of you.

You are right to ensure that incorrect information on children services file is corrected as soon as possible.

In respect of your husbands past criminal record, could the police have given children services someone else’s information in error?
Ask them to check this or could your husband’s social care team do this? Does your husband have capacity to make this request himself?

Where did they get the information about your mental health? Is this incorrect as well? Go to your GP and ask about this.
If it could have been you-(one in 4 people at some time in their lives have been diagnosed with a mental health condition). Then you could ask your GP to clarify what is contained on your health records. Do you have a diagnosis? If you do, and ask that you are re assessed.

In respect of the children’s services file on your family let them know that you had no knowledge of this file.
Is the file you received, all of it?

You could ask for a meeting with the social worker and team manager to clarify all these discrepancies. Give times and dates when you are available and make an agenda of what you want discussed.
It is important to understand how long any re assessment might take. Ask about this.

If the social worker refuses then you could challenge the assessment either by contacting the service manager or director of children’s services(which you have already done) or lodging a complaint.

Here are FAQ’s about complaints . it gives you different avenues to complain or challenge decisions by children services.

You could also ask for a copy of your children’s file under the Data Protection Act

To do so, you need to make the request in writing and quote that you are asking for this under the procedures of the Data Protection Act 1983.
See our advice sheet about access to records -which sets out the process and sets out the when you might not be able to see all the file.


In respect of your husbands injuries which have changed his behaviour, could he ask that his medical condition is re assessed? What is the prognosis? Is there any treatment for his condition?
An advocate might be able to help your husband challenge these decisions. Does he have access to an advocate? If not, ask adult services to consider a referral.

What contact is your husband allowed to have with the children?
When making decisions about contact, children services will decide what is in the best interests of your 7 year old including the risk of harm that might be posed to him by your husband. Can someone other than a professional be assessed to supervise contact? Such as yourself or other family member?

In the meantime, however, children services are working on the assumption that the information they have is correct. That your husband could be risky to your son. Until the information has been clarified it is important that you stick to any plan to keep your son safe.

I can see how difficult you might find this. When factual errors appear to have occurred that are affecting your family life, it is difficult to cooperate when something could be so wrong.
However, if children services thought you were not cooperating, they may decide that your son could be at risk of harm because you are not understanding the possible risk. They may then decide to intervene further. So they make take matters to the child protection level.

You have asked about solicitors. You could look at the Law Society-find a solicitor .

You could also contact our advice line as well on 0808 801 0366. I have given you a lot of information, so please post back if you have any questions.

Best wishes,

Suzie

[Melgregory]

Thank you for your reply

He has no criminal record, he has 2 driving offences and a caution from 9 years ago. He has never been to prison. We have a recent CRB/DBS he had to have one for his line of work and this is all that shows up on there. One of his driving offences was for drunk in charge, he fell asleep in his car with the heater on but because the keys were in the ignition he was given points for this and the other was for speeding. He doesn't have capacity to ask due to his brain damage.

Social workers tend to use mental health conditions to steal children. I had depression after my first child, she is now 18 and I have a personality disorder which is under control. Ive had no need to be assessed, social services decided Dad wasn't coming home and then closed the case. Ive asked for it to be reopened and they say unless something significant changes then there is no need. Dad has been having contact with the 7 year old, he has the full support of the neuro rehab unit because his consultant has stated that he believes that Dad will not harm our child.

I've sent numerous emails to social services and had one reply. They have upheld part of my complaint but deny other parts. I've since told them I have the file and I'm awaiting another reply.

Any person is capable of harming another, they just want to use a brain injury as an excuse. Dad has NEVER hit out at any of my children, they are 18. 16 and 7. We have an advocate but due to her workload we hardly see her, she is, however on our side.

I am requesting another assessment because brain injured people change all the time. Dad has done amazing, he had to relearn the most basic of tasks and he has achieved this, there is so much more he can achieve and he needs to be commended for this, not told he can't see his family and penalised.

I will keep updating as and when I know more but I have everything crossed.