Adult social serv freezing mums bank account

[Mrbullet131]

Hi all Adult SS froze mums bank account in May this year. Since then have only given £120 to live on. This was given in envlopes containing £60 on two occasions posted through my letterbox no signature required. Mum suffers from dementure and told SS she didn't trust me. As there is only mum and I, I got the blame for all the unexplainable that was going on in mums life. I must add she was also drinking heavily when SS got involved. At no time when SS became involved with mum did they introduce themselves to me. I discovered them on a visit to mum, where they were talking about respite. Mums wishes are to see her days out and die in that house as she put her life into it.
Can someone tell me if I can take a private prosecution against the two ppl involved in mums abuse and deprivation of liberty and hold these ppl accountable for what that have done????

[enaid]

Re: Adult social serv freezing mums bank account

It will be the bank that has frozen the account and SS must have got a Court of Protection order to enable them access to your mums money
This can only happen if your mum lacks mental capacity and is unable to make her own decisions.
Are SS doing your mums shopping etc and paying all her bills?
If this is the case very strict rules apply and all money must be accounted for.
What abuse and deprivation of liberty are you claiming towards your mum?

[Mrbullet131]

Re: Adult social serv freezing mums bank account

No as I said she has only received 120 in total. I have been feeding her since May and keeping reciepts since July. They have done nothing. This alone is abuse and deprevation of Liberty, she asks me every day where her money is, she knows what is going on even if she lacks capacity on certain days. Thx for your reply

[Mrbullet131]

Re: Adult social serv freezing mums bank account

If a court order was required then shouldn't SS provide evidence I was fleecing mum? There is no evidence. So how could the courts act. Theft is a criminal offence so surely they should have involved the police?

[enaid]

Re: Adult social serv freezing mums bank account

How are they accessing your mums money?:
Who is paying all her bills?

[Mrbullet131]

Re: Adult social serv freezing mums bank account

Don't know how they accessed money they won't tell me, DD's are setup for bills

[enaid]

Re: Adult social serv freezing mums bank account

I think you need to get in touch with your local Adult Services team and see if they can shed any light on this. Explain your concerns and those of your mum re her money.
If they have legal access to her money and benefits because your mum doesn't want you to have access then thye should say so.
If you get no joy then you can if need be make formal complaints about SS but it is a long process.

[Mrbullet131]

Re: Adult social serv freezing mums bank account

I must add I have exhausted the complaints route and am on this site for advise on a private prosecution against the two ppl responsible. I'm at ombudsman level atm

[enaid]

Re: Adult social serv freezing mums bank account

I must add I have exhausted the complaints route and am on this site for advise on a private prosecution against the two ppl responsible. I'm at ombudsman level atm

I see, sorry did not pick that up, so LGO complaint time scale,

How long does it take?

We aim to:

• acknowledge receipt of your complaint in five working days
• tell you if we will investigate your complaint within 20 working days

In most investigations we come to a final decision within three months. However some complicated cases can take much longer for us to gather enough information to make a fair decision.

How long before you hear something?

Adult social care problems - taking legal action


If things go wrong with your adult social care, you may have to take legal action to solve the problem.

In most cases, making a complaint using the local authority complaints procedure will solve a problem. But in some cases, you might need to take legal action.
You could start legal action as well as making a complaint. Taking legal action shouldn’t normally prevent or delay your complaint being investigated through the local authority complaints procedure if you want it to be. However, in very exceptional circumstances, this could happen, for example, if a judge rules that the investigation of a complaint would interfere with the legal case. If you're told that legal action is why your complaint isn't being investigated within a reasonable time-scale, you should get expert advice.
Remember that legal actions can be expensive and time-consuming and you’ll need expert advice before you consider taking legal action.
Making a claim for compensation

If you’ve been injured because of the negligence of a local authority or care provider, you may be able to make a claim for compensation. You’ll need specialist legal advice about this.
Reviewing a decision - judicial review

You may be able to take legal action so that a court can review the decision of the local authority. This is called judicial review. You have the right to make a claim for judicial review if you’ve been affected by an unlawful act or decision of local authority. For example, this could be an option if you need to challenge a decision not to provide care services. You’ll need specialist legal advice about judicial review.
Human rights law

You may be able to take legal action for a breach of one or more human rights under the Human Rights Act 1998, for example:

• the right to respect for private and family life
• the right not to be treated in an inhuman or degrading way.

Local authorities and private companies or voluntary organisations with a contract with the local authority to provide care services have a legal duty to follow the Human Rights Act.
Situations that may involve inhuman or degrading treatment include:

• not helping you to eat if you're too frail to feed yourself
• using too much force to restrain you
• ignoring your calls for help
• washing or dressing you without caring about your dignity.

Example
X was staying in hospital following a number of strokes. Against her wishes, the hospital wanted to discharge her and move her into residential care as this would be cheaper than caring for her at home. She argued that if she was moved into residential care, this would have a negative impact on her mental health and would be against her human rights. As a result, funding was arranged to support her care at home.
This example is based on a case study written by the Britsih Institute of Human Rights. For more details, go to: www.bihr.org.uk/

You’ll need specialist legal advice about taking action under human rights law.
Discrimination

Here are just some examples of discrimination:

• you’re refused care because of your age
• you’re not given information about the costs of care in large print and you can’t see to read normal print - this could be disability discrimination
• staff in a care home make jokes and insulting comments about your disability. You could have a claim for harassment
• your local authority social services department take longer to assess your needs because you’re an Irish Traveller. This is discrimination because of race.

Discrimination is only against the law if it’s because of things like your age, disability, sex, sexual orientation or race.
You can take legal action about discrimination and will need specialist legal advice.
Get help

You will almost always need specialised legal advice to take one of the cases described above. Your local Healthwatch might be able to give you the details of local specialist solicitors.
Next steps

• Organisations that can help you make a complaint about adult social care services

Other useful information

• Using a legal adviser
• Help with legal costs - legal aid
• Help with legal costs - free and affordable help
• Personal injuries
• Overview of discrimination in health and care services
• Taking legal action about human rights

[Mrbullet131]

Re: Adult social serv freezing mums bank account

Ok spoke to Court of Protection today no application by SS, no application at county or magistrate court, it would seem they and the bank are responsible for this. (Apparently the bank can do this as advised by person at COP) I have logged a complaint with bank, some 3 weeks later they still haven't investigated it. I can't afford a solicitor and it would seem nobody can help. So I will be contacting magistrates court tomorrow to start the private prosecution route

[leclerc]

Re: Adult social serv freezing mums bank account

You should email the chief executive of the bank and make a formal complaint.

Are the bank sending statements to your mother? If not where are the statements being sent?

[Mrbullet131]

Re: Adult social serv freezing mums bank account

No statements since account frozen, don't know where they are going, closed ranks they have, hence private prosecution. May write to the queen under the constitution sect 5 I think

[Mrbullet131]

Re: Adult social serv freezing mums bank account

So does anyone know what law it is which allows SS and banks to play judge and jury and freeze someone's account, without notifying them? Without any evidence of wrongdoing whatsoever taboo

[Mrbullet131]

Re: Adult social serv freezing mums bank account

Ok for anyone who is interested, received a letter from Adult SS stating they are corporate appointee and will be applying to court of protection to take over mums affairs and property. Then to top it off I received a phone call from the older ppl team asking if I was still pulling out of mums care, I asked fir a manager to shed some light on the matter to be told that SS had rung them stating I was no longer able to care for mum. I am confused esp at the last statement that is some serious bullshit. Well what do you think?

[enaid]

Re: Adult social serv freezing mums bank account

So the Local Authority has been authorised by the DWP to manage your mums benefits? They are applying to the COP for an LPA where they will be able to manage all your mums finances?
Have you ever stated you can not look after your mum? If you have ever said this it would be taken as you no longer will hold responsibility for her and they will take over. Sometimes this is said in a situation where you are not getting the help you need and is a last resort.