Yesterday (4/2/15), Thomas Rawnsley’s family had to make
the agonising decision to consent to his life support machine being switched
off.
It’s difficult to imagine what any parent would feel at
this time but imagine too their preceding two years of Kafka-esque hell……..Mum
Paula and her wider family have had to contend with watching powerlessly as
their precious Thomas was shunted like a piece of meat between different care (care??)
placements. None of the placements could
meet his needs and during his stay in one of them, he suffered abuse by
staff. One member of staff received a
suspended sentence in February 2014 for this abuse.
Thomas entered state care in an ATU in October 2013 as a
result of a section that came about because the staff at the bungalow in his
supported living facility claimed that his ‘mistrust’ of them was a threat to
them.
When the section was lifted, he was detained under an
order from the Court of Protection (Protection??.......really? Protecting who? Not Thomas……) The family had no access to
legal aid and no way of meeting the costs of legal representation to challenge
the CoP order. Paula was (and still is)
gagged by the CoP from reporting any details relating to his care.
When I read between the lines, my translation of what the staff in the
ATU meant when they described Thomas' 'mistrust' of them as a threat is: ‘he has autism, Downs and learning difficulties……..he’s sooo
difficult! We can’t get him to do what
we want and his ‘challenging behaviour’ is too much for us!!’
Ok so anyone who really takes the time to understand people with complex
needs knows that ‘challenging behaviour’ is usually a result of the environment
they are in – sensory environment, physical environment and interpersonal
environment. That last one is the
lynchpin in my view. Trusting
relationships are so powerful and so fundamental to our human existence yet
this aspect of the environment is usually the one that is ignored. Ignored because of ignorance, indifference or
convenience?
Instead of care built around trusting relationships we get the use of behaviourist principles, physical restraint
and the chemical cosh. There’s only one one-way relationship there and it’s
about the staff being in control. It’s all about compliance and conformity.
There is so much indifference around meeting complex needs amongst many
of those working in the industry. And my
god, it is an industry: it sure makes fat cats out of all those care home
directors and provides a reliable cash cow for charity providers…..and all this
feathering of the corporate and charitable nest is at the expense of you and me
the taxpayer.
There are some good care homes and facilities of course, but we have too
much evidence now that this is the exception rather than the rule……certainly
for the larger institutions. Connor
Sparrowhawk, Winterbourne View, Nico Reed.
Eden Evans, Jack Beres, Tianze Ni. Josh
Wills, Chris McCarrick, Stephen Martinez.
Steven Neary, Claire Dyer.
Trying to ‘get’ people with complex needs to do something is the
opposite of what needs to happen. A ‘getting’
communication style and way of interacting is going to lead to explosions and
dysregulation because of the difficulty people with complex needs have with demands
being placed on them. Conversely, if
there is an invitational communication and interaction style embedded within a
trusting relationship and a support plan built around the person’s preferences,
you have the person’s own intrinsic motivation that fuels engagement……and the ‘challenging
behaviour’ is minimised.
Are workers in care homes and ATUs given training and support to help
them understand and implement this kind of approach? Are they paid at a rate that recognizes and
develops these competencies? You know
the answer.
The average cost of a placement in an ATU is £3,500 per person per week. Yes, you read that correctly. Yet the top
brass big cheese (rich) directors in their board rooms and executive offices on
their executive salaries can’t manage to pay the care and support staff a wage
that is reflective of the competencies needed to provide quality care and
support to people who need such placements.
So people who are in crisis go into a placement where the sensory,
physical and interpersonal environments make ‘challenging behaviour’ a fait
accompli. And where are the commissioners,
the CQC, the Winterbourne View JIPs and Concordats, the National Audit Office
reports, the charities that claim to represent people with complex needs in all
this? The bodies that are supposed to be safeguarding, scrutinizing and
regulating are part of the problem.....they bluff and bluster and wring their hands and nothing changes. And as for the Court of Protection….ignoring the views of families who know their dudes
best and slapping gagging orders on anyone who dares to tell the truth about
what is happening to their kinfolk.
Over the coming days and weeks we will find out more about the uncertainties
surrounding the events that led up to Thomas’ death. For now we need to put our energy into making
sure Paula and her family get as much support as possible – emotional,
financial, legal, campaigning…..whatever they need.
It may be that an inquest is needed.
Legal aid isn’t available for families to access legal representation at
inquests. But of course the local
authority responsible for Thomas’ care have access to their own funds (courtesy
of yours and my taxes) to employ the best solicitors and barristers. Where’s the justice in that?
A fund has been set up to help
Paula and her family. Please donate and
share the link to the fund (http://www.gofundme.com/laewnk)
as much as possible – legal representation for an inquest will cost about £20K.
We need to make sure the family gets Justice for Thomas.
Justice for all the dudes.
Well said Zoe...sums it up perfectly.
ReplyDeleteRIP little man. You are flying with the Angels now. Xxxx
ReplyDeleteThomas' Independent living provider who have been receiving at least 3,000 per week for his care.
ReplyDeleteThis would probably increased after their staff's abuse, as his behaviour became worse, it warrants more government money.
What were they doing for this money ? Other than providing cheap itinerant support workers and an efficient care machine ?
With which, if you do not comply, then you are medicated until you do.
It is likely, the Care Provider company, was more worried about claims of assault/ stress, from their workers, and self preservation kicked in, as all they are is a profit making business, even if charitable, but most homes owned by Autism Care Ltd which is owned by a Canadian Pension fund.
Legal aid, will do little to defend you, unless you can find a lawyer, who is prepared to take on the state, and if he does, he will not get state work, like the lucrative Official Solicitor appointment, which all incapables in the Court of Protection are represented by.
ReplyDeleteIf, as is usually the case, on made up bad parenting, or spurious made up evidence of emotional abuse, parents will not be allowed to represent their child in the court of protection, instead an Official Solicitor will be appointed by the court.
And he will be able to instruct an expert if needed.
But, he will, generally act with court and LA, and what they all say in your child's best interests,is usually not, but instead in the state's best interests.
Which is, to remove your child, to away from home living for life, for which a private venture capitalist owned company, makes at least 3,500 per week, for usually mainly itinerant, stranger , minimum wage, zero hour 'care' of your child.
The provider is able to claim this money from your child's benefits, and money claimable by him and disabled families from NHS, LA and education under the Cronically Sick and Disabled Act 1971.
Both care and courts are in secret .
Legal Aid is now available for inquests from the government's exceptional funding provision, Paula, might manage to claim but it won't be easy see art linkhttp://www.lawgazette.co.uk/law/legal-aid-challenge-for-inquests-succeeds/5046929.fullarticle
ReplyDeletehttp://www.lawgazette.co.uk/law/legal-aid-challenge-for-inquests-succeeds/5046929.fullarticle
ReplyDeleteBig question that is not addressed, is why everyone with complex needs, is now removed from their family by 18.
ReplyDeleteRespite, day centres been closed, and support at home removed, on the excuse of cost cutting.
Why is there only one Adult Service provision, to remove to an institution, albeit in the guise of a unit, where independent living is tick boxed from 24 hour surveillance and risk assessment.
And if the service user, paying 3,500 for this service per week, is unhappy with his life, he is drugged in an ATU, until he is incapable of resistance.
A parent gets £90 per wk carers allowance, nothing per hour for their care, or household provision for their child, the adult child gets £105 DLA, and £77 of this is deducted to pay for any support, there is no respite.
So, which lifesytyle is cheaper, safer, and would lead to a happier without abuse life for the vulnerable adult ?