secure unit

Our son Aran was moved to a secure unit from a closed secure unit today. We had 20 minutes notice of this. We manged to get a lawyer to revoke our section 25 but it had been superseeded. He was violent i n the closed unit as he has ASD ADD and wanted to come home.  If he was a prisoner of war he would get medals for bravery but I do not condone violence. It showed me his spirit was unbroken. My husband and I have a family lawyer but because we did not know he was being moved today and found out only accidently by phoning the unit to talk to Aran- we were 50 minutes too late in revoking our section 25 and we could have taken Aran home. He is now locked away. We agreed to the close secure unit for assessment purposes only. We had no idea they would/could do this. We need a lawyer in Glasgow for our son. A hearing is on Tuesday. We have not even the paperwork to prepare. We are a loving family with no criminal background, in fact I was a SEN teacher and my husband is a professor at university. Our son has been transitioned without story boards, without us being allowed to encourage him,  without his consent or understanding. We need to hire a lawyer. Aran wants to come home and we want him home. We have no experience of the law and need to move fast on this. We have 3 other children who are devestated. Aran did not know the consequence of his violent behaviour. We were to take him home tomorrow and the last two days saw a peaceful interactive boy who came out of his bedroom. He had withdrawn himself into his room for most of the day. Staying in bed. A child in deep despair. We are in a crisis of a nightmare level. So any one that can help direct us to the best child lawyer in Scotland please

  • My heart tear reading your story. How many times can our hearts as mothers endure. To have your 11 year old child so badly mismanaged- to blame you and I bet you got not an iota of an apology. Worse I bet your son didn't. I am in such pain for us both and our children. I feel we made progress for the other children through the Care Commission. But I know the system is so sloppy and change will not happen. Change where NO damage is inflicted. I am not even asking for progress, JUST no DAMAGE done to children or their families. Thank you so much for telling me your story. CS Lewis quote: "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive."  

  • im so happy you got your son home you are such strong parents and people to fight the system and get him home

    its horrifying what hes been through and the injustices and barbaric treatments hes suffered

    the system is so not educated about asd or built for it because if it was this would never of happened in the first place and he would never of been put through such hell

    we went through similar my son has asd and his way of playing was roaring like a lion and playing rough with his younger brother and i went to social services for help as he never slept had no awareness of danger and was being bullied by adult neighbours as a scapegoat for any thing that happened on our council estate and he has sensory processing dysfuctions because of his autism too and as if the world and others is not hard enough for them to cope with .

    The social services tried to blame this all on me said i was a bad mum and  said he was a danger to himself and others and tried to put him in a secure unit he was 11 years old and this was just before he was diagnosed .

    We got the diagnois rushed through by the leading autism team at the local hosptial ,and it turned out that my son had autism and had had a nervous brakedown from the trauma from the abusive bullying adult neighbours and from the trauma the untrained services inflicted on him.

    But we was lucky because of the asd social services becoming invovled the other untrained social services had to step back and away. so that the autism trained services could rescue him and support him and put him in a respite placement for a couple of weeks to get his trauma and distress levels a bit lower.where we could see him any time we wanted and the support workers where amazing to him .

    We was lucky to have the backing from the hosptial the disability social worker and the asd communcation team boss with out this he would of been put in a secure lock up unit at 11.Just because the services who was demanding this was not trained in asd.

    in the autism act we hope we get services to be trained in autism and have more awareness and give taliored support for autism to children and adults

    and yet over 15 years later we are still seeing services in care facilitys and in local athuority services and gov services not trained in asd which then causes the neglect discrimanation against children and adults with asd

    As the system trys to break our loved ones with asd to fit their system their rules and comforms

    when instead the system needs to be trained and educated reg asd to fit our loved ones with asd

  • Hello All, it's been a while. What a journey we have been on. We got Aran home from January 2019. He was very traumatised. The progress with him has been slow and at times we thought he would never recover. He is still showing signs of trauma. Good News. In a rare achievement for Autistic children the Care Commission upheld all complaints against his placement. Aran was misplaced- stripped searched without our knowledge and consent at the age of 13. We only found this out when we got Aran home. The impact of Aran's journey nearly broke my mind. We have put in a complaint to S.W. for so many wrong doings. Once the jaws of the system have you, it takes unimaginable efforts to get free. Aran was so distressed being held away from home that he needed to stay for 2 weeks in a psychiatric paediatric hospital. There the affirmed ASD, stress and anxiety. Aran lost his ability to speak. Talking mats were used to understand him. Aran not long before was in the top groups of school- played sport, did hill walking and was described as popular at school. His descent was astounding. We are letting time do it's healing but he will never be his former self. At least not for a long time to come.

  • Write to your MP and MSP, Keep records and photograph any wounds and bruises you see, if you can get your son to tell you what has gone on.and record it.

    I certainly believe you. Having met official intransigence for at least the last 20 years. 

    Try to get any solicitor acting for your son, instructed by yourself, and not acting for yourself, if you can get him legal aid., you might not be eligible..  

    I had a lot more to say but accidentally lost it

    Anyway I attach a copy of questions and answers about S23 and S25. I hope they help. There is obviously a lot if you ask an internet search engine. such as google.

    MENTAL HEALTH COP

    A VENN DIAGRAM OF POLICING, MENTAL HEALTH AND CRIMINAL JUSTICE

    SECTIONS 23 AND 25

    Imagine you’re the front line police officer called in to a mental health ward. Reports have been received from a patient’s family that the patient is being held on the ward without authority and they want the police to assist in extricating the patient from their hold, alleged to be unlawful. The control room sergeant has spoken to the caller who said, “The patient is my brother, his mother is with me and she is his nearest relative.  Four days ago she gave written notice under s23 of the Mental Health Act that she was ordering the discharge of her son from hospital and as the hospital authorities have not issued a barring notice within 72hrs, they are obliged to release my brother – they are refusing to do so and he’s being held against his will, unlawfully.”

    A few questions, then! –

    • Is this actually any responsibility of the police?!
    • Can the man’s mother actually order her son’s release against the wishes of the hospital?
    • What’s a barring notice and how does it work?!

    There are other, obvious questions, but let’s start with these just for today!

    Yes – this can be the role of the police to referee this sort of thing, if it really comes to it. Firstly, there are questions of law at stake and one could imagine some situations in which the active debate or dispute could give rise for the police to mediate or even prevent a breach of the peace in some situations. Also, don’t forget, there is the issue of someone’s liberty with an allegation here someone is being unlawfully deprived of it. We would become involved to some degree in other situations where allegations are being made of people being held by others without legal authority, so why not this? You would intervene if your police colleagues unlawfully arrested someone (or at least escalate to more senior officers), so why not if the allegation is against NHS staff? It may or may not be something to get actively involved in, but you’d at least examine it.

    Yes – the man’s mother can order his discharge from hospital, assuming that she is his Nearest Relative under the Mental Health Act. I’ve written about Nearest Relatives’ rights before – they have quite a number of weird and wonderful powers and privileges and one of them is section 23 of the Act: the right to order the discharge from hospital of a patient who is detained for assessment (section 2), treatment (section 3) or guardianship (section 7). Once this notice in writing is given to the hospital concerned, the person must be released unless the Responsible Clinician in charge of the patient’s care issues a ‘barring notice’ under section 25 of the Act. This is more than a relative’s opinion or agitation, it is a legal right that must be respected, subject to the specifics of section 23 and 25.

    Section 25 itself allows the discharge to be prevented: however, it requires the Doctor concerned to certify for the record factors which are above and beyond those required to be ‘sectioned’ in the first place. In order to be admitted to hospital, the AMHP and DRs are saying the patient is ‘suffering from a mental disorder of a nature or degree which warrants the detention of the patient in hospital for …” assessment or treatment. In order to issue a barring notice under s25, a Responsible Clinician must confirm their view that “the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself.” ‘Dangerous’ is not further defined, so it needs to be given its everyday meaning. What we do know, is that the word ‘danger’ does not appear in the criteria for admission under sections 2 or 3, so it has to mean something ‘extra’. Not all sectioned patients are ‘dangerous’ (something we are repeatedly reminded) so it’s clear that not all notices under s23 should be blocked. In any event, the barring notice must be issued within 72hrs of the Nearest Relative’s instruction to discharge.

    IMPLICATIONS

    Ideally and of course, this is not a police situation at all – apart from the obvious point that very few officers will ever have heard of s23 or s25 or be able to offer a view on it all(!), there’s the issue that hospital staff should understand, respect and apply the law. This BLOG post comes from a discussion on social media about a situation in which an NR was asking for advice about their notice being served on a Friday and come Tuesday, no barring notice had been issued and yet the hospital concerned had not released the patient and was reluctant to do so. Of course, there are other ways to see the dispute resolved – there are on-call senior clinicians and hospital managers, including Directors with access to legal support, to help trusts understand the situation. I can therefore understand the argument some officers put forward when I posed this question on social media, asking what they’d do. Many were reluctant to become involved, for the reasons given – but I have also known situations which centre on the lawfulness of detention and have involved requests by families or patients for their concerns to be escalated beyond NHS ward staff to be declined, for one reason or another. The police are therefore called as the ‘someone should do something!’ agency. That’s actually why we have a police service: “something’s happening that ought not to be to happening about which somebody ought to do something now!” 

    There are wider considerations in my view: the police become involved in refereeing disputes between individuals and other agents who carry coercive authorities in several, civil law situations. We become involved in disputes involving bailiffs, debt recovery grants and so on; we take a position on how to temporarily resolve conflicts on a range of family law matters where civil court judgements are in place, pending the ability to get the appropriate people, solicitors or courts involved. But I also like the argument that all public authorities – including the police – are state agencies who have a positive obligation to ensure the human rights of the public. Section 6(1) of the HRA 1998 makes it clear that no public authority (which includes the police or mental health trusts) shall behave in a way that is contrary to someone’s Convention Rights and the Act makes the proactive duty a clear, statutory one. Detaining someone in a hospital for more than 72hrs after a section 23 notice has been served by a Nearest Relative is to continue to detain someone outside processes prescribed by law, potentially an Article 5 violation – and as more than one mental health professional pointed out: it takes a Doctor around 10 minutes to fill out a barring notice and they have 72hrs to do it. The law clearly implies organisations need systems in place and the law generously affords them three days within which to operate.

    Remember, when considering issues of false imprisonment, the burden rests with the person or authority undertaking the detention to demonstrate there is a lawful basis to it. So in the absence of any ongoing arguments or disorder, this is one that could be handled from afar. I could imagine asking, “If you agree you’re preventing the patient from leaving and that you received a section 23 notice more than 72hrs ago, I’m wondering what possible legal authority you have for preventing his release. I suggest you urgently escalate this to your senior managers before complaints are made of false imprisonment and they take urgent legal advice to satisfy themselves of the situation.” I could also agree that if a professional is fully acknowledging that they are deliberately detaining people without a clear and obvious legal authority by which to do so, that situation is something that does become legitimate police business. It’s another example of situations where the necessary partnership to focus on, is the one between the public and the police.

    Winner of the President’s Medal from 
    the Royal College of Psychiatrists.

    Winner of the Mind Digital Media Award.

  • It has been a journey that I would like to retell. But I doubt anyone would believe I am telling the truth. Aran is still there. It is insidious. One example....just one to show what I am up against. There is no log of Aran's wrist incident. It was too minor to log!!!!!!!  He has a scar still across his wrist and that is since the 26th October.We were told in a meeting that he had scratched is forearm. The reality is something else completely. I would not have let my 16 yr old son visit Aran if I knew what we were going to find. Aran pointed out his wrist to his brother. We were stunned. My husband had to tturn away and put his hand over his mouth to prevent himself from vomiting. So- this is not an incident that warrented logging!!!!!!!! .

    S.w. are hitting out us and are looking for anything to discredit us. e.g. on the LAC review is was stated that I brought too many sweets to aran on visits and I used such to entice visits. At the last lac review I produced a letter from my dentist who stated clearly that I had attended all appointments over the years for all children. Not a tooth was pulled or a single filling needed ever. It stated that my children had well looked after teeth. SO - if I have manged to do right by my children all these years and this is evidence proved and it is not true that I inticed him- I also brought in dvd of David Attenbouurgh, top gear, book, comics, clothes etc. None of that is mentioned. I am being hit so unfairly. Not once did I bring in a fizzy drink. I saw a family visiting and they had heaps of fizzy drinks and sweets. I know I am being targeted. WHY.....I don t know. We have letters of recommendations from so many people indicating  the kind of people we are. I have stepped into a another existence that I didn't know about and a set of rules to a game that has started and I can't follow the llogic or next move. We had two Hearings.Aran came to meet the panel when the room was clear to tell them he wanted to come home. He said it clearly twice. Aran is still there as the panel wanted to complete the assessments. We have spent £3,700 on two Hearings. We borrowed money to cover this. We have told frends and family that we can't buy gifts this year. It will be for the kids only. It could be the easiest Christmas yet- no shopping or wrapping!!! 

    A safeguarder has been appointed. He spent over 2 hours with us last week. Luckily our paper work is thorough and we have been working so hard to ward off each untrue fact. It's been a full time job. I saw Aran on Wednesday last. His congnitive ability has drooped significantly. He is a shadow of himself in comparison to his previous functioning. I will have so much work ahead of me to help repair the damage. I sleep 3 hours a night. Medication is not enough to hold me under. I can't eat as I am such a state of emergency. I know I need to keep strong as it is exam year and my oldest boy wants to get into medicine....what a time of it he is having. I am trying to shield them but the horror of this is to big to hide under the bed. They are aware of what is going on- all 3 of them and we talk together.

    Aran has remained peaceful. My social story to him - drawing the road home made him understand that he needed to be peaceful. He understood and remained peaceful.

    My Son. 13 years old. Beautiful.  a few months ago after church- I had gone to light a candle and Aran remained in his seat, kneeling down, head bent, fingers clasped under his chin, eyes closed and in a deep silent prayer/thought. It struck but a fear and spark of hope in me. Fear because Aran was praying like some one far beyond his years. Hope that he could pray when he needed to. Maybe something in him knew the ordeal ahead. If  I had know what lay ahead I would have packed our bags- sold everything and moved country.

    Aran has been traumatised. So have all of us in the family.Brutality that is rotten. 

    I thank you all for listening to me. Forgive my spelling. I do not have the will to go and correct. I have met some wonderful people on this journey. Nuggets of hope.

    x

  • Thank you. I hope you are coping and finding strength from somewhere to sustain you. Life is a road I am glad I don't always know what lays ahead and just as well.

  • I can relate to your problem.  I have a severely ASD, son aged 35. 

    I have spent some time on the Introduction general Chat Forum before just venturing here on the Parents and Carers Forum,.

    I need a little while to read and understand what is written,

    You will have all my support whatever your problem is.

    My apologies for not seeing this  a month ago.   

    Edward's Dad

  • Do hope you are all OK and that you will soon be together as a family again. 

    The National Autistic Society seems to be ramping up pressure on government to address this issue. They are backing the online petition to end the detention of autistic adults and children in ATUs - Tweeting about this regularly. 

    They have also issued a video which specifically mentions ATUs in Scotland: 

    https://m.youtube.com/watch?v=AP0Vt69FtOU&safe=active&feature=youtu.be

    You may already have seen this, but I thought I'd send the link just in case you have not.

    Incidentally as of Friday I am now officially diagnosed autistic. Celebrating in true autistic fashion by reading a lot of research and policy documents! 

  • It is good to know that you have been able to see Aran. Many of us understand all too well what you have being going through.

    I came across this report yesterday which highlights how inappropriate it is to put ASD children and young people into settings resembling prisons: 

    https://www.childrenscommissioner.gov.uk/wp-content/uploads/2017/11/CCO-review-of-evidence-on-the-subjective-wellbeing-of-children-in-detention-in-England-2.pdf

    I hope that you will soon be together again as a family so you can all start to recover from this dreadful experience. 

    Be proud of your warrior spirit, and of Aran.

  • Aran is holding his peace. I visited him yesterday and he was functioning at half his normal self. He had come off his meds 2 weeks ago and no one told us!!!! The scar on his wrist will be a permanent reminder to us all of the ordeal he has endured and still does. I warn families to think carefully about s.w. involvement as we have learned dearly at the cost to our son. We were so sweetly naïve that we believed in truth and honesty. I know Aran has ASD but to put him into a secure unit as a consequence of that is beyond absurd. He wants to come home. I have never been more proud of my son for his strength of character, he is a warrior and I am doing my best to see his spirit doesn't break.

  • I just wondered how things are with Aran. I've been thinking about you, as I'm sure others here have. 

    Please don't feel that you need to reply to this message unless you have time to. 

  • Giddy - I saw it. I am living it.

  • Ok Nicky.…..how did I miss your information. I am on it tomorrow. I have been on the phone all day. I am so afraid

  • Yes, it seems to be working fine now! 

  • Did I manage to allow personal messages to happen...I think I clicked on the right place. Double check for me please

  • Your account settings won't allow me to send a Personal Message so I have sent a friend request and included my contact details. 

  • I would be glad to email or speak with Stephen. I will message you my contact details. 

  • You have encouraged me. I read your mail a few times and it has calmed and focused my thoughts. Thank you.

  • Stephen is taking a day off work to take on the mountain of paperwork and research we piling up. We will study your advice and avail of every strategy we can to turn this around. Would you mind if Stephen made contact with you later.