Social services removing children from parents with ASD

Hi, 

I am an autistic adult who is a parent. Since having my daughter I went through a terrible time with social services who set me up to fail and removed my daughter from me because I have a diagnosis of autism. It took me two years to fight for my daughter back and through this time social services and Cafcass used the so called deficits of my autism to justify the removal and to stop the return of my daughter. Thankfully the judge saw through this and returned my daughter concluding in her judgment that I parent my daughter to a high standard. 

I want to know how many my adults will autism who are parents have been through a similar situation. How many parents with ASD and other disabilities and or impairments are being targeted by social services and having their children removed? If you have experienced this please tell your story because the current system is outrageously discriminative against parents who have a disability and or impairment and I would like to raise awareness of the current failures within the current child protection system which is targeting parents with disabilities and or impairments so that change can happen. 

Parents
  • I had my daughter's removed a year ago purely for having aspergers, I am going to fight with all my might to get them back, no one was autism aware on my case and no allowances were made, my whole family have been alienated for over a year including their 20 month old cousin, they have been placed with my youngest daughter's  paternal grandparents so therefore my eldest has no relation to them and they have psychologically abused my daughter's telling them they'd never see their auntie again and that I would be sent to prison, I have looked after the girls from birth on my own with no assistance, I fully intend to take this as far as it can go to get them back, I had a positive parenting assessment also but nevertheless the paternal family to my youngest got granted an SGO, the girls have been there 10 months not a year like the criteria says and they also had no representation yet their opinion was always listened to by the social worker, guardian and judge yet I was bullied for my aspergers.

  • firstly I am sorry to hear that I am also a autistic adult but black male and have had my daughter adopted due to what id summarise is lack of professional candour and lack of equality and diversity, racism and ostracisation

    I would like to outline some major legal documentation alot of local authorities social workers and public authorities dont like to adhere to when interacting with DIFFERENT PEOPLE. 

    first thing I will say is get yourself a adult social and have a needs assessment done to identify what your difficulties are and what support u do need with or without children (this should be part of your transition plan being that alot of autistic people have difficulties with transitions and significant life events then having a child would of been such. How was you supported?) 

    I would then advise u to google and research on Statutory guidance for local authorities and NHS organisations on the implementation of the adult autism strategy (statutory means schools have an obligation under law to carry out this.)this is in line with the adult autism strategy

    if u have had a SEN report when u was a child there should be information already to what support u should have and receive if this support has not been put in place due to lack assessments then all support that was given as a child should be kept in place until new support is put in place and your needs are being met

    I would also like u to pay attention to the equality act 2010 which states discrimination by association means any child u have if you are discriminated against then you are to and anyone who you are related to and didnt recevie the support you or they should of received 

    the main principle of the children's act is to keep children within their families by all possible means this would include providing support to their parents where that support can be provided.

    all social workers have a duty of care o communicate effectively if this was not done effectively due to your autism needs whether they be u need face to face contact only (teams or something if not able) or only written so if they constantly phone u then u put in. complaint as people as this would be a reasonable adjustment that could be made 

    you could also look into a advocate who will also help to uphold your rights as a autistic individual this could be from Age uk or via your local authority adult social worker this does not have to be a stranger (professional)but can also be a family or friend or both stranger(professional and family member) who the social worker can interact with you over high flare situations that alot fo them exploit. Due to there lack of knowledge.

    ask a social worker the difference between a tantrum and a meltdown. Not many know the difference which in itself is very frightening 

  • People who are adults now might have had a "Statement " of SEND, which ceased to have effect when they left school. EHCPs now last until 18 (or 25 if in education) and now include social care provision. Adults who are at uni are entitled to an assessment for Disabled Students Allowance and may get additional support. Adults who are at work, or seeking work, may get support from the Department of Employment. Adults with more significant support needs may be entitled to support under the Care Act 2014, but the LA is not required to provide services in every case - it depends on the needs assessment and what is available locally. Not all autistic adults need, or want, an assessment under s.9 Care Act 2014. Many autistic people function adequately without social care involvement.

    Regarding "statutory guidance ", - it is statutory because it is linked to legislation. Unlike primary legislation (e.g. Acts of Parliament), the guidance is just that - guidance. Authorities must "have regard" to the guidance. Most guidance uses two keywords. If it says the authority MUST do x or y, that is an absolute requirement. If it says "should", it is a recommendation. Usually, guidance has phrases such as " so far as reasonably practicable", which basically means they ought to do it if they have the money and resources. The fact that statutory guidance has not been followed may be used to support a claim to a Tribunal or a complaint to the Ombudsman, but it is not, in itself, actionable. For an Ombudsman complaint, it is necessary to prove that there has been "maladministration".

    The main principle of the Children Act 1989 is that "the child’s welfare shall be the court’s paramount consideration"  s1(1). Usually, this means keeping the child within the family. The Children Act talks of "parental responsibility " for the child - that means it is the parent's duty to look after the child. Parents' "rights" depend on them carrying out their responsibility for the child's welfare. If a parent is incapable, through substance abuse, mental illness, developmental conditions etc., the authority will try to support them, but the welfare of the child always comes first.

    Most autistic parents are  "good enough" parents (in the sense used by Donald Winnicott). The majority of parents' needs can be supported through tier 1 Universal services (school, GP) or Tier 2 (SEN help at school, Early Help, voluntary organisations.) Social workers usually get involved at Tier 3 where other services have not been effective, and the first line of approach is whether the child is "in need" (s.17 Children Act 1989). Even where there has been a safeguarding concern, many cases are "stepped down" to " child in need " support or to a tier-two service for parenting support.

  • It is easier to apply to a First Tier Tribunal such as SENDIST if one is a litigant in person.  Using the regular court system is expensive, and these days Legal Aid is far less available than it used to be.

Reply
  • It is easier to apply to a First Tier Tribunal such as SENDIST if one is a litigant in person.  Using the regular court system is expensive, and these days Legal Aid is far less available than it used to be.

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