On the edge and toppling off....

Well, nevertheless, Social Service is clearly in charge of the complete procedure and will remain in charge of the matter. That's what the Children Act is about.

I'm not 100% sure, but since this would be a private law case under The Children Act 1989, perhaps the mentioning of going to the Family Court could be enough pressure.

In any case, taping the meeting, especially without could be illegally (at least it certainly would be here in Germany).
And it wouldn't really bring a good atmosphere, IMHO.
(But my experiences are only with cases under German law in practise, I know about the situation in England only from reading.)

Yep, I requested last week that minutes be taken at the meeting.

hmmmmmmmmmm... thinking about who could be impartial at the meeting to chair it... I just don't know... I think that me leading it, or getting my lawyer to meet and greet and then get down to business is quite a good plan. Yes, business meeting, not emotional or neurotic mother - I want answers.

I am trying to read as much as I can about the Leaving Care Act... there are just so many questions and I know I have to get these into semblance of order. Just reading from one website http://www.anationalvoice.org/rights/clcact2.htm there are just so many things I would like answered.

The summary is this...

A SUMMARY OF THE LEAVING CARE ACT


The Children (Leaving Care) Act 2000 (the Leaving Care Act) came into effect on the 1 Oct 2001.

The Act amends the previous provisions for care leavers in the Children Act 1989.

The Act applies in England and Wales only.

The Act does not apply to Young People who have left Care before 1.10.2001
The act aims to ensure that a Local Authority will provide help until a Young Person reaches the age of 21 and in some cases 24.

The Leaving Care Act has two main aims:

To ensure that Young People do not leave care until they are ready.
To ensure that they receive more effective support once they have left.
Definitions
The Local Authority has a duty towards eligible and relevant and former relevant children:

Eligible
are those Young People still in care aged 16 and 17 who have been looked after for (a total of) at least 13 weeks from the age of 14.
Relevant
are Young People aged 16 or 17 who have already left care, and who were looked after for (a total of) at least 13 weeks from the age of 14, and have been looked after at some time while 16 or 17.
Former Relevant
are Young People aged 18-21 who have been eligible and/or relevant Children In Care - Young People who are looked after by a Local Authority either through a compulsory Care Order or remanded or accommodated by voluntary agreement including accommodation under section 20 of the Children Act.


Local Authorities new duties under the Leaving Care Act
Aged 16-18
Duty to ensure pathway plan is in place by 16th birthday
Duty to make assessment and meet needs
Duty to provide financial support
Duty to provide Personal Adviser
Duty to ensure accommodation
Aged 18-21
Duty to maintain contact and to provide support through Personal Adviser
Duty to assist with costs of education, employment and training
Aged 21 and over
Duty to 18-21 year olds continues if still in education or training
Duty to ensure vacation accommodation for higher education


Responsibility
The last Local Authority to look after the Young Person is the Local Authority responsible for meeting duties under the Leaving Care Act wherever the Young Person may be living in England or Wales.



Assessment
Social Services must carry out an assessment of each eligible and relevant child.

The Young Person must be involved in the preparation and review of this assessment.



Pathway Plan
Social Services must prepare a pathway plan.

This plan should look at the young person's need for support and assistance as identified in the assessment and how these needs will be met until the age of 21 (or longer when the Young Person is in education or training).

Areas covered will include:

Accommodation
Practical life skills
Education and training
Employment
Financial support
Specific support needs
Contingency plans for support if independent living breaks down
Both the assessment and pathway plan must be recorded in writing.
Social Services must review the pathway plan:

if the Young Person requests it or
a Personal Adviser considers it necessary or
at intervals of not more than 6 months.


Personal Adviser
Each young person covered by the act will have a personal adviser.

The Personal Adviser:

Does not have to be a Social Worker.
Will not be a budget holder.
Will have close links with Connexions
The Personal Adviser will be involved in:

Providing advice and support
Drawing up the pathway plan and ensuring it addresses any changing needs
Keeping in touch with the young person
Co-ordinating services, linking in with other agencies
When a looked after Young Person who has a Connexions advisor reaches 16 a decision will be made whether the Connexions advisor will continue as Leaving Care Personal Adviser.

The young person's wishes as to who will be his/her Personal Adviser should be respected as far as possible and issues such as ethnic origin, gender and race should be borne in mind.

If a Young Person is unhappy about any aspect of this process he/she can use the complaints procedure (see next section).



Complaints
The act introduces an informal resolution stage for all complaints. A fortnight is allowed for the Young Person and the Local Authority to reach a satisfactory conclusion before starting the formal complaints procedure under section 26 of the Children Act 1989.



Financial support and claiming benefits
Most 16/17 year old care leavers will not be able to claim benefits.Therefore, for as long as a Young Person is a relevant child the responsible Local Authority will be his/her primary source of income.

Financial support provided will include the cost of:

Accommodation
Food and domestic bills
Pocket money
Transport costs for education and training
Clothing
Childcare costs
The support will be co-ordinated by the Personal Adviser.

Weekly allowances will be calculated by each Local Authority according to the Young Persons individual needs, but should not be less than the amount the Young Person would receive if entitled to claim benefits.

Lone parents or those unable to work because of illness or disability can still claim Income Support or Job Seekers Allowance but not Housing Benefit, this applies whether they are still in care or have left care.

The Personal Adviser should ensure that those who leave care at 18 and are entitled to claim benefits receive their full entitlement.

If a care leaver moves to or from Scotland they will be able to claim benefits.



Keeping in touch
If a Local Authority loses touch with a care leaver it must without delay take reasonable steps to re-establish contact and continue to do so until it succeeds.

If a care leaver applies for assistance from another Local Authority funding can be transferred to that Local Authority, but the original Local Authority retains its responsibility.

If a relevant or eligible child turns up in another Local Authority area, the second Local Authority should provide short-term assistance under section 17 of the Children Act 1989.

The two Local Authorities should then agree upon how the young person should continue to be assisted.

The responsibility remains with the last Local Authority to look after the young person.

The Personal Adviser will be the link for co-ordinating support and resources.

Where a young person's relationship with his/her responsible Local Authority breaks down the responsible Local Authority can discharge its duty through another Local Authority.



Accommodation for care leavers
The leaving care act requires that 16/17 year old relevant children are provided with or maintained in suitable accommodation (unless the Local Authority is satisfied that their welfare doesn't require it).

Where possible, housing needs should be addressed before the Young Person leaves care as part of the pathway plan.

It is important that both housing and Social Services play a full role in providing support.

Accommodation must be reasonably practicable for the Young Person given his/her needs.

The Local Authority must be satisfied about the suitability of any landlord.

It is not appropriate for 16/17 year olds to be given the responsibility of sustaining their own tenancy without relevant support.

Bed and breakfast is not be appropriate except as an emergency measure.

There is no duty for Social Services to provide accommodation to a care leaver once he/she reaches 18, unless the Young Person is in full time higher or residential further education. In this case Social Services must provide accommodation during the vacations or pay the Young Person enough to secure accommodation for him/herself if the term time accommodation is not available.

This duty remains until the care leavers 24th birthday



Education training and employment
Social Services and other caring agencies will need to liase closely with schools.

Connexions will help to fulfil the liaison role between school and Social Services.

Local Authorities now have a duty to assist former relevant children with the expenses associated with education and training.

This duty runs until the Young Person has completed the programme of education and training agreed with the responsible Local Authority and set out in the pathway plan.

Councils also have a duty to provide assistance to former relevant children with the expenses associated with employment.

This provision covers contributions towards the cost of accommodation, which enables the Young Person to live near the place where he/she is employed or seeking employment.



you see, what SocS want to do is get rid of R - but then, that's the way it's been for years. They make all of this, since he was 11, HIS responsibility - it's HIS fault he's not had an education, it's HIS fault if the social workers can't engage, it's HIS fault that he doesn't trust people

it infuriates me!

He has matured - he is understanding more - but his world is limited and now, because he is old enough to walk out of the care system, they will merrily send him on his way.

Anyhoo, being unemotional, just reading some of that summary already goes against what they have said... eg paying his utility bills - ensuring any benefits will meet his rental (that will be impossible because they are paying for a private residence until the day he turns 18 and I have already spoken to the council who have told me the maximum he will be entitled to for housing benefit... and it's not even close to the tenancy agreement.

Ding ding - set up to fail.

OK... I should get back to figuring out an agenda - I'll send it to my lawyer and he'll no doubt tweak it - (probably by about 99% being that I ramble a lot - I will try to be "to the point")


Interesting too..... it states the personal adviser does not need to be a social worker!!!!!!!!!!!!!!!!!!! Why have we never been told that. So many of the problems that have occured have been due to the negative relationship with MrP!!!!!!!!!!!! We asked for a change in social worker a long time ago, it was ignored and R was told he HAD to try and get on with the allocated Social Worker...

sheesh....

ok, carrying on reading and agenda'ing....



thanku

1. Social Services is not in charge of the meeting. They are invitees/attendees. It must be impressed upon them from step one that they are going to be held accountable for "the complete procedure". The tenor of the meeting must be one that, from the beginning, is clear they are there to confirm what they will be doing - what the expectations are for them.

2. There is no point in secret taping/recording. It would have to be a straight-up-front-this is-going-to-be-recorded-situation. We've found here, that the awareness of taping/recording, is enough to make Social Services come to the table with honesty. Certified court reporters are the standard, but sometimes taping (with later transcription) just has to be enough.

Well, I might have used the wrong term since it's quite some time that I've studied English law.

And, indeed, I'm coined by German and EU law (under the German criminal code I would be prosecuted for "violation of private secrets" and could loose my licence, certainly would loose my job).

It's quite similar under Scottish law, where there's a "Code of Practice for Social Service Workers".

Good going!

Go through that summary - an agenda of 3 or 4 high-level items, and perhaps 8 - 12 drilled-down specific items would be good. For each agenda item, you're going to want to get the: what; when, where/ how and who from Social Services.

Who (specifically) will be responsible for implementation of Item X? When are they to be completed with the task? How will the progress toward completion be monitored? What are the ramifications of Social Services being non-compliant? i.e. you will be taking them to Family Court, civil action will be taken


Social workers. Ack.

I'm not intending nor wishing to take anyone to court - I wouldn't stand a chance against the system that prevails here... but I am brazen enough to threaten.

all I want is for R to have support if and when he needs it - he cannot do this alone - he doesn't have the mental awareness to survive living on his own at this time. All I want is for them to abide by their legal responsibilities and not leave him to flounder. As he gets older and matures more it will/may be easier for him. Sure as hell now, it's not going to be easy.

It has to focus on what he can achieve, not what he can't achieve - either way, he will need, and is entitled, to support and he won't let me help him, but he will let his keyworker and one other carer (they are both brilliant with him - no nonsense but hugely understanding individuals). I'm working on 2 people to help him over the next couple of years - it's a lot of pressure for one person and always the chance that one person is more likely to walk away than two for whatever reasons.

That's already happened... way too many times (then we would back to square one.. ). Things are different now - they treat R as the unique individual he is - they try not to look at him as being autistic/whatever but they do understand his black and white egocentric world - he's R - that's who he is - that is how he should be seen - as R. R is changing - he is maturing, he listens to them.




No wiggle room Beth - won't let them wriggle their way out of this.


oh.................................


he got S-boy the Avatar DVD for his birthday - as soon as he got the money on Friday he went out and bought it and rang the carers.

HOPE!

Excellent ideas, Beth-! You're a good 'un to have in our corner. It's been a while since I've done the youth home thing, so I'm not sure what I have to add. If I think of anything, I'll be sure to speak up. But great ideas, Beth.
We are so behind you, Iz. And very proud of you after all you've been through. I'll try to read through the Act. Don't have a lot of time as we are going through our own mini crisis here. Oy. So with you in spirit, babe. You're always in my thoughts and prayers.

Well, luckily, Izzie has a lawyer who can help her with the legal side of the proceedings. Minutes have already been requested.

oh, you're good Beth - thankkkkkkkkeeeeeeee.... I will print off the last couple pages of this thread tomorrow and work my way thru the salient points...

thank you all



((((((((((((Dev))))))))))))

I totally agree - that's how such a system should work.

[It's a pity that Lord Ellpus isn't here anymore. He would be a great help.]

Me too, me too...
I did read everything - but have no clue how in the world you wade through it all...thoughts and prayers are with you.
love you girl xox

Following along - so glad about the agenda, minutes, lawyer, Iz' attitude.

Good going.

this has been sticking in my craw since last night

To be truthful, I think several of the people involved in the management of R's file deserve to lose their job. I know that if I were Izzie, I would have absolutely no interest in protecting them.

so, bottom line, tough luck to any Social Service provider who gets caught in the net here

Yep.

As I've said before, Social Services are clever. R wrote his letter last week off his own back (with help) - legally, they have 2 weeks to "sort" the problem before the official complaints procedure kicks in. Interesting timing ... MrP is no longer his social worker. Clever, aren't they!!!!!!!!!!!!! As soon as I mention a lawyer they start to do something. It shouldn't be this way. It shouldn't be this fight. Interestingly also, the carer wrote a sharp email to the new social worker and demanded a call first thing Tuesday morning. I wrote on Friday demanding the same. Lo and behold - the new social worker called at 9.30am and has arranged to meet R on Thursday - before my meeting with them in the afternoon. Funny 'ole thing that!

Complaints
The act introduces an informal resolution stage for all complaints. A fortnight is allowed for the Young Person and the Local Authority to reach a satisfactory conclusion before starting the formal complaints procedure under section 26 of the Children Act 1989.



(the end result is what I am looking at, trying to focus on, this is what I'm hoping to achieve, the best support for R, it's just.... infuriating to have to do this when this procedure is their job! Of course, it's my job/role to do what I'm doing, but it's so hard when I have no contact with R <sigh>)


The following is clear in the Care Leavers Act - I have asked for copies of this - I DON'T BELIEVE THE ASSESSMENT HAS EVER TAKEN PLACE... certainly they still have NOT copied it to me since my letter at the beginning of April!

This plan should look at the young person's need for support and assistance as identified in the assessment and how these needs will be met until the age of 21 (or longer when the Young Person is in education or training).

Areas covered will include:
• Accommodation
• Practical life skills
• Education and training
• Employment
• Financial support
• Specific support needs
• Contingency plans for support if independent living breaks down
Both the assessment and pathway plan must be recorded in writing.

I, and a carer, have both been given a figure of £50 per week that R would receive. I have it in writing today that the water rates (approx £1700 per year = city may differ a little, more or less) and council tax (probably £1 - £1.2K = not sure of the banding) are covered by the landlord until R turns 18. So, in 4 months R has to pay. HOW? In an email today it states that The House have been informed by the landlord that R will have to pay elec and gas utility bills - yet the Act states

Financial support provided will include the cost of:
• Accommodation
• Food and domestic bills
• Pocket money
• Transport costs for education and training
• Clothing


It also states

Weekly allowances will be calculated by each Local Authority according to the Young Persons individual needs, but should not be less than the amount the Young Person would receive if entitled to claim benefits.
Lone parents or those unable to work because of illness or disability can still claim Income Support or Job Seekers Allowance but not Housing Benefit, this applies whether they are still in care or have left care.
The Personal Adviser should ensure that those who leave care at 18 and are entitled to claim benefits receive their full entitlement.

There is not a hope in heck that R will be working by the time he is 18 - then he will LOSE any change of his housing benefit!!!!!!!!!!!!

£50 per week is NOT going to cover the bills, food, clothing, transport costs blah...

The mind boggles. I don't know HOW this is going to work. Of course, I will do what needs to be done financially ... I just am not sure how yet and R probably would refuse my help anyway, at this point.

interesting also is that.... should R be in education, further education, apprenticeship, that Social Services would then have to continue to accommodate him until age 21 or 24....


There is no duty for Social Services to provide accommodation to a care leaver once he/she reaches 18, unless the Young Person is in full time higher or residential further education. In this case Social Services must provide accommodation during the vacations or pay the Young Person enough to secure accommodation for him/herself if the term time accommodation is not available.
This duty remains until the care leavers 24th birthday


and in their letter to me...

R was offered an education until he reached statutory school leaving age. One of the problems the educational staff faced was with R’s refusal to engage in this, despite their efforts to be flexible and creative in how they tried to work with him.

Since completing his statutory education numerous attempts have been made by his key worker and Mr P to get R to engage in a programme of education, employment and training. On one occasion R did start an Activity Agreement with Connexions. Unfortunately, despite the support of The House he was not able to meet the requirements of the agreement and his place was ended. I can assure you that both the staff at The House and Mr P have on a regular basis tried to encourage Ryan to undertake a programme of education or training.


Tried..... being the operative word. He has not been educated for years - why - because of his difficulties. There is no more TRYING - they haven't tried since October last year. Psychs, psychologists.... nope - just babysitting him until HE walks out of his placement - then - no longer their responsibility. At 18 - what will he have??????????????????????

Frustrated and getting snarly now.

I spoke to the carers at length today about the personal adviser bit - jeeeez - he could have had a personal adviser in one of the carers and not had to go thru this crahp with MrP. I don't intend to let this particular item on the agenda go lightly - in my opinion, people like MrP should NOT be in this profession. He admits responsibility in his "not getting on with R" - oh, well, that's OK then..... NO, it's not. This has been for 2 years!! R deserved better than that, he deserved to have a social worker who gave a damn about him.

I have little time for the person who said "and when was the last time you saw your son".... bastard.




okay, back to trying to highlight this stuff on what I've printed off.... I'm just thinking out loud to try and get it straight in my head.

So much flying around my head. Trying to get it in order.

I've asked my boss for an hour off work on Thursday before the meeting. I am exhausted from work - will just need a little time to get myself sorted before seeing this through. Tired tho.


R will be moving in 2 weeks or less. We now have a timescale from the legal estates department in Social Services who followed hot on the heels of the social worker's phone call.

Sheeeeeeeeeeeeeit.

Thank you.

Spinning......... there are so many laws and acts...

yellow highlighter pen, lots of printing, lots of bright yellow sploodges and rapidly running out of time - fingers and eyes sore and red ... wrote to my lawyer saying if he was as good as he was with my divorce, I hope he'll be a good "dont mess with my client" (mate) laywer as he can be with a very officious all knowing face.... being that he doesn't do child law at present.

hey ho...............flying blind now...



tired.

You'll be good.

You don't need to get every little thing noted and agreed to.

You want a commitment to action at the high level of the plan, with some time lines, and people taking responsibility for what they are going to do.

This meeting is to prepare things.

You'll be good.

I was thinking about this on the ride home tonight. I just had such a feeling of "Izzie can totally do this".

It will be hard to stay cool at some moments. Just remember that when you are cool, you will be most discomfiting to the Social Services folks. If they can get you riled up, they'll be able to distract you from your plan to establish THE plan.

Cool.

Cool, blonde and good.

I second that emotion! You will rock the socks off 'em, Iz-. In my book you are Super-mum!

Have received this email from SocS today.


I am aware that MrP has spoken to you about the reasons for the change of worker. I have to say that this is not our usual practice but I feel the level of abuse that R has given to MrP is simply unacceptable. Obviously working with young people it is inevitable that on occasions staff will have to deal with verbal abuse and agression but Ryan's behaviour is far beyond what can be reasonably expected or tolerated.

R will be supported by the care leavers service in line with our responsibilities under the Children (Leaving Care ) Act 2000. However, I need to be clear that if my staff are subjected to unreasonable abuse then I will ensure they are properly supported. If that means there is a slight disruption to the service R receives then I feel it is unavoidable.

As you know from the conversation with MrP on Friday he continues to play a role in supporting the new work and he will be attending the meeting tomorrow.

Obviously that will be an appropriate opportunity to discuss R's future plans.

That is the entire email. No names... just the words. Heckling.

Cleverly, I have today received in the mail, a copy of the Pathway Plan - the content beggars belief. No assessment of needs or minutes of meetings or anything else. I am yet again, simply gobsmacked.

I am so angry at these people and the situation we are in and how this can happen. Finding it hard to remain calm. Have just got home from work and will now try and formulate a response in my head for the meeting tomorrow. I can't get my pulse to slow, feels like I can't breathe at times.

(((Izzie)))

I know it's hard, hun. Slow, deep breaths as best you can.

Very tough situation, Izzie. I am worried about you, but don't know what to say.