No choice in brother's new residential home

[starlight78]

Dear all

My brother has severe autism and has been in a residential school for the past 2-3 years. He is due to be moved to adult services as he is reaching 18 years. He should be at the new location by September. However, there is a problem: my mum had been suffering emotionally since the day he left. We thought at first it would get better, but all this time she was holding herself together from the fact that perhaps one day he would move closer to her (currently 2-3 hours drive away just one way) She has been round a few care homes as requested by my brother's social worker and finally she chose one that was 30-40 minutes away. This was back in December and the social worker at the time said she would sort out the paperwork. Fast forward to May, nothing had been done and she had left. Now a new social worker has taken over the transfer and it looks like he is hellbent on choosing the new home and is not giving my mum a choice, inciting that 'its in the best interest of my brother' and 'they have limited funds'. As you can imagine, this is a huge shock to us all, let alone my mum. The social worker has chosen a home in Richmond! My parents are both getting frail (dad on renal dialysis) so will not be practical in the long term.

I might sound selfish but please can anyone tell me that we do have a choice. We do want the best for my brother but after being promised to the care home nearer to us, I cant help but think they are forcing this on us and him due to financial reasons ultimately.

Any advice would be great.
Thanks

[reader108]

Don't know much about rules and regulations, but didn't want to read and run. Makes perfect sense to me that your brother as an adult, if at tall possible should have 'some' say where he lives. Parental wishes or next of kin next then financial last, however with social care budgets stripped to the bone a fight to get what everyone wants is necessary.
Where does your brother want to be? I thought most special schools held until 19?

[MeirAya]

He doesn't have to leave school yet- as above, mostly it's 19y. EHCP can run till he's 25, so he ought to then have some sort of college placement set up, maybe even a residential college.

If they try & decant him from education, you can challenge that (it's called a failure to maintain statement/ehcp and it's done via a Tribunal appeal). If they leave him with some sort of provision but it's unsuitable, it's a 'failure to amend' appeal.

PLacements are often a pain. "We only care about client x's 'best interests' we know what's right" is the usual claim, but doesn't necessarily hold true. Someone in the family can apply to court of protection to be his deputy for decisions, or oppose the LA's DOLS application for the place they want.

[MeirAya]

occaisonally the random faraway placements are to respect longlasting friendships between two young adults from the same school. I know of two young me who were mates since age 4 and now live in the same unit- it's good for both of them. and parents are pleased

[Ineedmorepatience]

What meir said. Find out if his LDA/statement has been transferred to an EHCP and if it hasnt contact the SEND team at your local authority and ask them why not!

If it has go and look round some residential colleges or schools with post 19 provision and speak to IPSEA to get advice on how to get one named on his plan!

Good luck

[MeirAya]

The other issue is that he's probably technically a 'care leaver' so is entitled to the relevant extra ongoing care and support.

[MeirAya]

IPSEA will sort you out re EHCP.

And These lot know stuff about residential care

[starlight78]

Thanks everyone for your advice. Unfortunately his autism is too severe for him to understand the placement issues so cannot really choose or have a preference.
Sorry- he is 19 not 18.

[MeirAya]

He can have relevant bits & bobs preferences though- you figure them out, document them, and factor then in

Simple things like
Small v big unit
Garden & loads of grass v patio
Country & tractors v city with buses
See family often v they can't come

When they're added together & you balance all the pros & cons on paper, it usually comes up with the same place you 'just knew' was the Right One

[MeirAya]

Your brother (through a solicitor, perhaps supported by an advocate) could likely get legal aid apply for a judicial review of LA

Finding a unit miles away, while pulling the plug on the preferred unit at the very last minute, ignoring his right to a family life. All dodgy. When he's got to be out of school by 1st Sept. Dodgy as heck.

[starlight78]

Thanks everyone once again. We are all very worried as the social worker keeps delaying everything. The placement approximately 40 minutes away will enable us to visit him regularly, bring him over occasionally (something that we cannot do at present ) and my mum is keen to help i.e.cook, clean etc all of these facilities are available at this placement. And he has the place to himself and we know how he likes his space and quiet time.

[Ineedmorepatience]

He can still have an EHCP at 19 if your family think that educational provision is appropriate for him.

My niece left school 2 yrs ago but hasnt thrived in her day centre environment, she is starting a post 19 placement in september with a new EHCP and she is 21.

Good luck 💐