Re: This is why Turtill is being a bitch
- From: Mark Horton <markhorton2@xxxxxxxxxxxx>
- Date: Fri, 08 Sep 2006 23:02:58 GMT
removespam wrote:
If he his severely learning disabled as well as physically disabled, then you as a parent and a carer have a legal and moral duty to protect him from dangers no matter what his age is.
Interesting point you raise Mark. legal duty are you sure? My son at
present is having a complaint against our LAs social service
department investigated by the ombudsman. During the councils
complaints procedure, I demanded that the investigating officer was
accompanied by an independent person. Although the demand was complied
with I was informed that my legal responsibility ended when my son
reach 18.
Yes, if he has the intellectual age of a child, and therefore cannot be expected to accept legal responsibility, then a parent has the duty of care. Although, it can be an appointed legal guardian, or advocate that has to act in loco parentis for that person, even though they are above the normal age of legal responsibility.
This also becomes relevant in the thorny issue of sex. If that person were to consent to a sexual relationship with a partner, then that partner could be charged with rape, as if the partner were to have sex with a child.
If your son were to have a level of learning disability that is commensurate with a child under the age of 16, then he could not be expected to be able to give informed consent for sexual intercourse.
A chat with your doctor may be able to ascertain your son's level of learning disability, and therefore mental age.
Another chat with your local CAB or disability support group, or SCOPE
advice centre should clarify the level of parental responsibility you have for your son. Although I would venture to guess it would be full.
If the answer to these questions is no, why then are willing to accept that he could be injured or killed in a collision with some lout on a park footpath, just because said lout though it would be a laugh to ride his bike at speed along a footpath?
I am not willing to accept any injury to either myself or my son. If
the park is as dangerous as the LA claims and they are unable to
police the area, then my decision would be not to live there, never
mind use the park.
You are lucky to have that choice, but many people who live near cities do not.
I live in an outlying village near Andover (a very small town itself).
and I have no problem of the sort that goes on in the Orwell Country Park. However, I do have extended family that live in and around Ipswich, East Anglia and Cambridgeshire. I do worry about the relatives who do use Bridge Wood and Orwell Country Park. I use it myself when I am there as I have to be in open spaces (I cannot stand large towns and cities).
So I know of the problems that occur there on both a first and second hand basis.
I live in a national park many thousands of people
visit each year, this area needs no barriers, a great deal of
planning for the works that have been carried out over the last 30
plus years I have lived here, now mean that most of the lakes are now
accessible to all, be they disabled or not. I do not accept a council
in a wealthy area of the country are unable to make a small area safe
for all its residents
I would venture to say that Ipswich as a whole is not a wealthy area
(in much the same way as I do not accept Manchester as a wealthy area).
I too used to live near a national park when I lived in Cheshire, and I do accept what you say. Even the Teggs Nose Country Park does not have the same level of problems as the Orwell Country Park, even though it is near Macclesfield.
<snip>
Aid was only given if I genuinely could not perform a physical task after trying to think around the problem and coming up with my own solution.
This was considered a fairly unusual attitude in the late sixties and early seventies for parents of a wheelchair using child.
I understand what you mean, fortunately for our son, his mother was a
nurse, my daughter taught people with learning disability to live
independently at a mencap run collage, she also studied OT at
university. Most of the advice received from professionals advising
when he was a child, what he would not be able to do has been proved
wrong and that's thanks to his mother and sister.
I am glad that with his family's support your son has proved the so called "experts" wrong. I have done so many times in my life, and delight in doing so. It provides a spur for my life.
But they would not allow me to be exposed to unnecessary dangers, such as pushing my chair along the road, until I was about 8. An age where I could reasonably expect to be responsible for my own road safety. Before that, I had to at least be with my older brother.
The PTA at my brother's grammar school successfully campaigned for a one way system, and for parking to be restricted to one side of the road for the road outside his school, after a boy of 14 was knocked down and killed there.
This was not wrapping a child up in cotton wool, but a natural parental response to a senseless tragedy that could have been avoided.
Now do you understand my incredulity at your last statement?
Yep I should have explained clearer. My son does need somebody with
him at all times. Myself his mother, elder brother and sister all live
full and active lives that means he also lives a full a live as is
disability will allow. Be it business or pleasure we make sure he
always accompanies use.
I am glad to hear that your son is able to live such a rich and full life. Whilst full disabled access and integration is an ideal. I, as a disabled person have to reluctantly accept that there are compromises that have to be made, even if it is at the expense of my own physical freedom, if that freedom enhances the health and safety risk of the general public.
Hence, that is why I would rather see a RADAR gate (that is not repeatedly vandalised) rather than a K gate, if it means that the gate would restrict more vehicles entering Bridge Wood, and make the area safer for everyone.
I hope that we understand each others position better.
Regards
Mark
.
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