Early Evidence – Liberating James

likes to abuse James Foden's Incapacity

otherwise known as Monica Ryder

because she knows he is too incapacitated to prevent her.

Camelia Monica Ryder

incapacity to deprive him of his liberty to Skype

against Monica Ryder's relentless abuse of his

his loved ones who he grew up with and who grew up with him.

James is 20 and has a mental age of 2 to 4 and is defenceless

as unfit and unworthy to contact him in the most highly

two brothers : Sasha and Sirus and Sister Simone

targeted way by targeting ALL of the professionals involved in James's care.

Monica Ryder has libelled and defamed James father,

in James's care to aid and abet her to abuse James's incapacity

she has deceitfully manipulated & groomed all of the professionals

to airbrush out of his defenseless life his father, brothers and sister

To cause maximum devastation and distress to James's family

daytime care to professional care workers except Monday nights

until he was 13 to support her full time job. Then she outsourced

and every other weekend when James stayed with his paternal family.

who she was so happy to leave James with during his daytime hours

until late summer 2014 when she cruelly made herself incommunicado

of his fortnightly Skype calls to his father, brothers and Sister in 2012

and pushed James under the radar for 2 months - a distressful time

Monica Ryder took over from James's grandparents as the connector

Adult Social Services where I received a frosty reception from James now

After 2 months of not knowing if my son was alive or dead I contacted Solihull

known to be renegade social worker: Katy Ivko who told me James cannot see

during which James had vanished from the face of the earth.

awareness of the Mental Capacity Act 2005 S16 & the Disability Discrimination

decides who my incapacitated son can or cannot see. Clearly, Ms Ivko has no

Laws & the truth about James loving relationship and strong bonds with his

his loved ones any more because his principal carer is his carer and as such she

loving relationship with paternal family amounts to Professional Negligence.

Katy Ivko's lack of knowledge of the law and the facts surrounding her client's

Ivco fully supports Ryder's past & ongoing abuse of James's incapacity.

paternal family who raised him to the age of 13 during his daytime hours.

with 3 siblings who will one day be the only family he has left to keep an eye on him,

of my son's incapacity to deprive him of his liberty to Skype & continue his loving relationship

visit him & bring his nephews and nieces to visit him - he adores children and babies.

Solihull Council, via their complaints team, also fully support Ryder's ongoing abuse

Council fully supports the abusive airbrushing of a defenseless incapacitated

& libellous comments about James's family that Ryder fed them and the

person's loved ones out of his life & fully supports the renegade Katy Ivko

Solihull Council, via there complaints team, also fully support the tissue of lies

the renegade and Professionally Negligent Katy Ivko who covered up for the

have aided & abetted Ryder's abuse of my son's incapacity by covering up for

abusive Ryder who likes to abuse my son's incapacity to deprive him of loved

aiding & abetting my son's abuse by covering it up. Therefore Solihull Council

my defenceless young adult son are: Alison Coppock, Liz Gillespie &

The Solihull Council employees who have gone on the record to officially abuse

Karen Millard who all officially support Katy Ivko's and Monica Ryder's abuse

ones just because she knows she can and she knows it hurts.

and who grew up with him. As I've proven that Solihull Council only recognise

of his loving relationship with his growing paternal family who he grew up with

laws that suit their cause - they will not recognise the Mental Capacity Act 2005

of my son's incapacity and they have all worked relentlessly to deprive my son

recognise the libel laws because they will think that the exposing of their

disadvantage to his non incapacitated 20 year old peers and they will

abuse of a vulnerable person's incapacity libels them! They won't realise that

& the Disability Discrimination laws to stop them from putting my son at a

As Solihull Council are so selective in the laws they are prepared to recognise

unfit and unworthy to maintain the loving relationship they've had for 20 years.

I present you with James's website that exposes Solihull Council with detailed evidence.

the only people who've been libelled are James's father, brother's & sister - as

Simon Foden <simon@foden.net>
05/06/2012to Monica
Hi Monica

Can I see James on Skype please

Hi Monica

Can I see James on Skype please

Simon Foden <simon@foden.net>
06/06/2012

to Monica
Hi Monica

When can I see James?

I called on Skype Monday and Tuesday but there was no answer.

Simon Foden <simon@foden.net>
21/06/2012

to Monica
OK

approx 5.30 this evening

thanks

Simon

—– Original Message —–
From: “Monica Ryder” <monica.ryder@btinternet.com>
To: “Simon Foden” <simon@foden.net>
Sent: Thursday, 21 June, 2012 5:07:35 PM
Subject: James
Hi

Just got your message, James was in the bath last night. We’re home tonight,
but please call before 6pm uk time if you can, after we start having bath
etc.

Thanks Monica

Simon Foden <simon@foden.net>
02/07/2012

to Monica
Hi Monica

Can I see James on Skype later please?

Simon Foden <simon@foden.net>
03/07/2012

to Monica
Hi Monica

5 pm tomorrow will be great

Simon

—– Original Message —–
From: “Monica Ryder” <monica.ryder@btinternet.com>
To: “Simon Foden” <simon@foden.net>
Sent: Tuesday, 3 July, 2012 2:28:26 PM
Subject: RE: See James on skype

Hi He’s at teen club tonight, but tomorrow – Wednesday – is fine. He gets
home around 4:30pm.

—–Original Message—–
From: Simon Foden [mailto:simon@foden.net]
Sent: 02 July 2012 16:18
To: Monica Ryder
Subject: See James on skype

Hi Monica

Can I see James on Skype later please?

Simon Foden <simon@foden.net>
05/07/2012

to Monica
Hi Monica

Sorry I forgot to call.

Can I see James tomorrow (Thursday) 5 pm please

Thanks

Simon Foden <simon@foden.net>
05/07/2012

to Monica
Monica

What can I buy James for his birthday?

I can buy it over the Internet.

Simon Foden <simon@foden.net>
14/07/2012

to Monica
Hi Monica

Something Special: Big People will be delivered on Monday

Funtime With Justin Fletcher will follow shortly

Simon

—– Original Message —–
From: “Monica Ryder” <monica.ryder@btinternet.com>
To: “Simon Foden” <simon@foden.net>
Sent: Thursday, 12 July, 2012 3:31:36 PM
Subject: dvds
http://www.amazon.co.uk/Funtime-With-Justin-Fletcher-DVD/dp/B005DY3A64/ref=sr_1_2?s=dvd&ie=UTF8&qid=1342080386&sr=1-2

any timmy time

2 or 3 is enough, he’s got too many dvds already!

Thanks Monica

Simon Foden <simon@foden.net>
24/07/2012

to Monica
Hi Monica

Can I see James please?

Simon Foden <simon@foden.net>
26/07/2012

to Monica
Hi Monica

Can I see James please?

Simon Foden <simon@foden.net>
26/07/2012

to Monica
OK

I’ll call tomorrow circa 6pm

Sorry I was late today – its been one of those days

Simon

—– Original Message —–
From: “Monica Ryder” <monica.ryder@btinternet.com>
To: “Simon Foden” <simon@foden.net>
Sent: Thursday, 26 July, 2012 1:50:58 AM
Subject: RE: See James

Sorry skype crashed and now need to get James in bath. Ring tomorrow
earlier?

—–Original Message—–
From: Simon Foden [mailto:simon@foden.net]
Sent: 25 July 2012 19:25
To: Monica Ryder
Subject: See James

Hi Monica

Can I see James please?

Simon Foden <simon@foden.net>
26/07/2012

to Monica
OK

I’ll call tomorrow circa 6pm

Sorry I was late today – its been one of those days

Simon

Simon Foden <simon@foden.net>
27/07/2012

to Monica
Can I see James now please

Simon Foden <simon@foden.net>
14/08/2012

to Monica
Hi Monica

Can I see James on Skype please?

Simon Foden <simon@foden.net>
14/08/2012

to Monica
Can I see James now?

Simon Foden <simon@foden.net>
07/09/2012

to Monica
Monica

Is it OK to see James tomorrow between 4 and 6?

Simon Foden <simon@foden.net>
23/10/2012

to Monica
Ji Monica

Can I see James on Wednesday about 5.30pm

Thanks

Simon Foden <simon@foden.net>
13/12/2013

to Monica
Hi Monica

I restarted and it installed some updates. You was briefly online then it went off.

Is it still ok to see James for 5 minutes?

Simon

From: Monica Ryder [mailto:monica.ryder@btinternet.com]
Sent: 12 December 2013 22:37
To: Simon Foden
Subject: Re: See James on Skype

Hi Simon missed your call/email. Can you call tonight about 4.30/5pm, otherwise any day next week (except Tuesday) around the same time.

Thanks

Monica
Simon Foden <simon@foden.net>
13/12/2013

to Monica
Hi Monica

Are these 2 DVD’s ok?

Simon Foden <simon@foden.net>
16/12/2013

to Monica
Hi Monica

I’ve ordered In the Night Garden and Thomas Blue Mountain Mystery.

They’re from two different suppliers:

Order Number: 204-0073868-5465965
1 item will be delivered to James Foden from RevisionNet. Estimated delivery: 20 Dec 2013 – 24 Dec 2013

Order Number: 204-1387573-8751555
1 item will be delivered to James Foden from Amazon EU Sàrl. Estimated delivery: 19 Dec 2013

Simon

From: Monica Ryder [mailto:monica.ryder@btinternet.com]
Sent: 16 December 2013 03:36
To: Simon Foden
Subject: Re: James’s DVDs

He’s already got something sporty – in fact all the smthg special ones, the other one is fine. He wants n the night garden, can you get him
http://www.amazon.co.uk/Night-Garden-Out-Walk-DVD/dp/B0056HFG3I/ref=sr_1_1?s=dvd&ie=UTF8&qid=1387127195&sr=1-1&keywords=in+the+night+garden

From: Simon Foden <simon@foden.net>
To: ‘Monica Ryder’ <monica.ryder@btinternet.com>
Sent: Thursday, 12 December 2013, 18:25
Subject: James’s DVDs

Hi Monica

Are these 2 DVD’s ok?

Simon

simon@foden.net
21/01/2014

to Monica
Hi Monica

Happy new year. Can I see James please tomorrow around 6pm.

Thanks

simon@foden.net
21/01/2014

to Monica
Hi Monica

Wednesday around 6pm please of that’s ok.

Thanks
Simon

Sent from my Windows Phone

simon@foden.net
23/01/2014

to Monica
Ok

On 23 Jan 2014 01:50, Monica Ryder <monica.ryder@btinternet.com> wrote:
hi Simon

James is still eating his dinner, we’ll call you when he’s finished
From: “simon@foden.net” <simon@foden.net>
To: Monica Ryder <monica.ryder@btinternet.com>
Sent: Tuesday, 21 January 2014, 6:58
Subject: RE: See James tomorrow

Hi Monica

Wednesday around 6pm please of that’s ok.

Thanks
Simon

Sent from my Windows Phone
From: Monica Ryder
Sent: ?21/?01/?2014 05:48
To: simon@foden.net
Subject: Re: See James tomorrow

Hi Simon

He’s at teen club tomorrow, do you want to talk to him on Wednesday or Thursday?

Monica
From: “simon@foden.net” <simon@foden.net>
To: ‘Monica Ryder’ <monica.ryder@btinternet.com>
Sent: Monday, 20 January 2014, 19:07
Subject: See James tomorrow

Hi Monica

Happy new year. Can I see James please tomorrow around 6pm.

Thanks
Simon

Simon Foden <simon@foden.net>
13/02/2014

to Monica
Hi Monica

Can I see James on Skype please.

Thanks

Simon Foden <simon@foden.net>
13/03/2014

to Monica
Hi Monica

Can I see James on Skype please.

There was no answer last week and again no answer tonight.

Simon Foden <simon@foden.net>
13/03/2014

to Monica
Hi Monica

Can I see James on Skype this evening please.

No answer again on Skype
Inbox

Simon Foden <simon@foden.net>
15/05/2014

to Monica
Hi Monica

Can I see James please. There was no answer again on Skype. I’ll try again tomorrow.

Simon Foden <simon@foden.net>
15/05/2014

to Monica
Hi Monica

Can I see James please. There was no answer again on Skype. I’ll try again tomorrow.

Simon Foden <simon@foden.net>
15/05/2014

to Monica
Hi Monica

Can I see James around 6pm this evening please.

Thankyou

Simon Foden <simon@foden.net>
16/05/2014

to Monica
No answer on skype?

From: Monica Ryder [mailto:monica.ryder@btinternet.com]
Sent: 15 May 2014 23:27
To: Simon Foden
Subject: Re: See James this evening

yes no problem
From: Simon Foden <simon@foden.net>
To: ‘Monica Ryder’ <monica.ryder@btinternet.com>
Sent: Thursday, 15 May 2014, 12:36
Subject: See James this evening

Hi Monica

Can I see James around 6pm this evening please.

Thankyou
Simon

Simon Foden <simon@foden.net>
02/07/2014

to Monica
Hi Monica

Can I see James on Skype please.

Simon Foden <simon@foden.net>
04/07/2014

to Monica
Hi Monica

Please answer Skype

Thanks

Simon Foden <simon@foden.net>
19/08/2014

to Monica
Hi Monica

Can I see James on skype tomorrow please?

Thanks

Simon Foden <simon@foden.net>
27/08/2014

to Monica
Hi Monica

Can I see James on Skype please? Your phone has been unobtainable for a week and you didn’t answer last week’s email.

Simon

———- Forwarded message ———-
From: Simon Foden <simon@foden.net>
Date: 19 August 2014 00:18
Subject: See James on Skype
To: Monica Ryder <monica.ryder@btinternet.com>
Hi Monica

Can I see James on skype tomorrow please?

Thanks

Simon Foden <simon@foden.net>
28/08/2014

to Monica
Hi Monica

Can we see James on Skype please?

Simon Foden <simon@foden.net>
29/08/2014

to Monica
Hi Monica

We’re very pleased with James’s new residential college QAC. A very good choice – well done!!

Can we see James on Skype this evening please?
Simon Foden <simon@foden.net>
02/09/2014

to Monica
Hi Monica

James is not logged in

Please log into skype

Thanks
Simon

Simon Foden <simon@foden.net>
02/09/2014

to Monica, bjessop, Katy
Hi Monica

Please stop this silly game of cat and mouse you’re playing with James’s family. Even though you signed James up for QAC behind my back I’m still very happy with your choice as its the best choice for James just like I signed James up for Merstone last time round which was also the best choice for James.

Now James need to restore his contact with his paternal family that you have recently unilateral and arbitrarily cut off 6 weeks ago. This is not helping James or his family and is causing distress for James family and embarrassment for staff at James new school. Please call off this silly game and let Beverly add James’s father and brothers to his list of allowed contacts at QAC.

Thanks
Simon

Simon Foden <simon@foden.net>
02/09/2014

to Monica, bjessop, Katy
Hi Monica

Thanks
Simon

Simon Foden <simon@foden.net>
24/09/2014

to Monica
Hi Monica

I’m pleased you have resumed contact and to receive your email. Your game of changing your mobile number, not answering Skype, forgetting to mention James’s lifelong and growing family support network (grandparent’s deceased, father and two brothers with a third sibling due in April) to QAC has been very stressful and I’m noy happy about how you’ve behaved.

I had to request a Health and Safety check with my extremely incapacitated and vulnerable son’s social worker in order to ascertain where he was and if he was ok. Katy explained where James was I’ve arranged James’s Skype and actual contact directly with the QAC. I had explain to them that under section 16.2 of the Metal Capacity Act 2005 it is illegal for anybody to take a decision for a severely incapacitated person that was not in the person’s best interests and that airbrushing an incapacitated person’s lifelong and growing past and future family support network out of his life was about a far against his best interests as you could get. QAC accept this and and contact based on how it has been since James was 12 years old has been agreed.

I explained to QAC that Sasha and Sirus and James’s new sibling will one day be the only family he has left.

Katy the social worker refused to get involved re James contact and she recommended that I take legal advice. The barrister who advised me said I need to be a “joint deputy” with the Court of Protection with you for my son’s personal welfare.so that I can be a named contact for my son at his new college. I.e. James personal Welfare deputies should be Simon Arthur Foden and Camelia Monica Ryder both of equal status for personal welfare. As I’m abroad for 10 months of the year I’m content for you take responsibility for my son’s property and affairs. I.e You will be James’s Property and Affairs deputy to look after James benefits in James’s best interests.

I’m not prepared to water down the amount of contact James has with his family based on previous years but I am prepared to be flexible with the dates. I’m happy to substitute the Monday evenings with an extra day at the weekend when we’re not scheduled to visit James. So one weekend it will be one day only the next weekend it will be two days. I think this will be better than Monday evenings.

I trust this is satisfactory.

Simon

On 24 September 2014 18:55, Monica Ryder <monica.ryder@btinternet.com> wrote:
Hi Simon,

I’ve seen that you are coming across to the UK in November and December and obviously want to spend some time with James. I have seen the dates you are thinking of. Can I ask that when you want to make arrangements to see James that you always contact me, regardless of whether he is at home or at college so that we can coordinate what is happening.

James has a full residential placement at QAC. What that means is that James is funded to be at QAC both during the week and during the weekend for all term time. During the main and half-term holidays he will be at home. It might help to explain why I have James doing this rather than being say a day student or being part-time residential (where he would come home every weekend). We both know that it is very likely that throughout James’ life he will always need to be supported, especially because of the epilepsy but also because of the range of things he will need assistance with and above all, to ensure he is always safe. Clearly, one day we will both be dead and unable to fulfil this role, and even before that there will come a point when I am too old to cope. So at some point in his life, James will need to be in some sort of supported accommodation. In addition, although James has friends, unless there is frequent contact with them, there is a strong risk that James will become socially isolated, only having contact with family and carers. He also has a very narrow list of activities that he wants to do, going on the bus to visit shops to buy videos and DVDs and bowling being the main ones. To ensure James is happy and healthy, with a varied life and opportunity to interact with peers on a regular basis, James needs to broaden the range of activities he focuses on. It is hard to see James ever working though you never know, even if it is unpaid work. Clearly though, once college has finished he will have lots of hours to fill doing something, so he needs a variety of sustainable things he is willing to do and gets enjoyment from. I believe the easiest way to achieve all of these goals is through the residential placement he currently has.

I hope that the placement will help in the following ways:
· it will help James to become more independent
· I have specifically requested that there is significant focus on fine motor skills so that for many basic skills, James is not so frustrated and dependent on others to assist with vey basic tasks that he is only blocked from doing by his limited fine motor skills
· it will help James to develop a broader network of friends
· it will help James to get interested in a broader, more sustainable set of activities
· it will provide opportunities to see whether James can be involved in any sort of employment or unpaid work
· It will help James to be less dependent on his family so that we are part of his life but not all of his life. I do not want him to be in the situation that we are the only people in his life and once we are gone he is lost without us.
· James still has the capability to learn, so he deserves the opportunity to do so

Most students from Solihull who go to college are unable to get the funding to go fully residential, especially with the budget cuts. Equally many parents are reluctant to let their sons or daughters with disabilities go residential because of the pain to themselves of their children leaving home and because they have got so used to providing for and supporting them 24×7. It is painful doing this but I believe it is the best option for James. I do not want James to stay at home till I can no longer cope or die, when James may be in his 40’s or 50’s and he then has to cope with the transition to supported housing when he is middle-aged. I want to plan for a more gentle transition when he is young and more flexible.

So for this transition to work and for James to get the most out of his 6 terms at college, we are trying to give James enough contact that he is comfortable and happy, but not so much that he fails to develop the independence skills. I want to make sure that he sometimes spend weekends with his friends and not with me. Obviously he has to develop friendships and there have to be activities happening out of study time that are of interest to him. Where that is the case, I want James to sometimes be doing those things rather than spending time at home.

With that approach in mind, I am trying to limit the amount of time that James is with family. I will have to have some flexibility about this in order for him to cope and be happy. It wouldn’t be right to just disappear for a few weeks but equally he has to have a chance to cope on his own. Holiday time is a bit different as he will always be at home, so during that time, the opportunities are different. So when I look at what you are hoping to do, the first thing is that I don’t really want people visiting during week nights. At the weekends i am envisaging that some weekends he will come home, some he will be based at college and have visits (including going out for the day) and other he may not have a visit at all. The pattern of these different types of weekends needs to be varied, partly to ensure changes do not occur to quickly for James but also, so that James does not expect a single pattern that cannot be varied.

So for the dates when you are thinking of spending time with James, then I do not want you visiting on Monday evenings but I think it will be fine for you to take James out on the following weekends:
· Sat 8th and Sun 9th Nov
· Sat 22nd and Sun 23rd Nov
· Sat 6th and Sun 7th Dec

It may be that James is at home or at college. We can liaise about that nearer the time. I am happy to let the college know about these dates if we are in agreement.

From Sat 18th onwards James is at home. You have suggested some dates which I think will be fine, including the Monday evenings. Whilst he is at home for the Christmas break, if there are other dates you have in mind, let me know and we should be able to arrange something.

Thanks

Monica

Simon Foden <simon@foden.net>
25/09/2014

to Beverley, Monica, Katy
Hi Beverley

Monica is ccd.

Monica’s assertions below that James will need lifetime care are nothing more than common sense based on his physical abnormalities i.e. malformed brain and small brain. Nobody would ever dispute that. However, her assertion that the only future option for him will be state care with minimal family contact does not stand up to scrutiny. James has a growing family of father and lifelong carer, brother Sasha who grew up with James and brother Sirus who will grow up with James at least two months of the year.

I would like Sasha and Sirus to take over from Monica and I as James’s deputies when we are no longer able to care for him. To facilitate this James contact with his family is paramount. I don’t anticipate living abroad 10 months of the year forever. A time will come when the UK housing market will become affordable once more and when it is I as James father, Cherma his step mum, brother Sirus and James’s new sibling due to be born in April will be able to either care for James or pay him regular visits in a local care home. James’s brother Sasha is already in Solihull. The care home option for the future is no problem for me as long as James has at least one deputy at the Court of Protection from his paternal family who James has spent so much time with as he grew up to keep an eye on him.

I cannot water down the number of times James sees his family in November and December because time is precious but I can substitute Monday evenings for an extra Saturday every two weeks during our holiday to visit James. Therefore here is an alternative schedule to meet Monica’s request not to take James out on Monday evenings:

James’s family arrive in England Friday November 7th
Take James on day out with brothers Sasha and Sirus Saturday November 8th
Take James on day out with brothers Sasha and Sirus Sunday November 9th
Take James on day out with brothers Sasha and Sirus Saturday November 15th
Take James on day out with brothers Sasha and Sirus Saturday November 22nd
Take James on day out with brothers Sasha and Sirus Sunday November 23rd
Take James on day out with brothers Sasha and Sirus Saturday November 29th
Take James on day out with brothers Sasha and Sirus Saturday December 6th
Take James on day out with brothers Sasha and Sirus Sunday December 7th
Take James on day out with brothers Sasha and Sirus Saturday November 13th
Take James on day out with brothers Sasha and Sirus Saturday December 20th
Take James on day out with brothers Sasha and Sirus Sunday December 21st
Take James on day out with brothers Sasha and Sirus Saturday November 27th

Plus just one or two additional weekdays in school holidays. During last year’s trip Wednesdays were added into the same schedule.

Kind regards
Simon

Simon Foden <simon@foden.net>
26/09/2014

to Monica, Beverley, Katy
Monica

The answer is still no!!!

Please stop embarrassing my son’s new college with your illegal requests to stop a severely incapacitated and vulnerable young adult from receiving visits from his lifelong past and future support network.

Please stop trying to force QAC to break the Mental Capacity Act 2005 by acting against a severely incapacitated and vulnerable young adult’s best interests and depriving him of his liberty to receive visits from his growing family of past and future carers and enjoy his normal contact with them. QAC is an institution that helps the vulnerable and incapacitated and you are trying to force them to deprive one of their student’s of their liberty and take decisions against their best interests. This is an outrage. Please stop this outrageous behaviour now!!!

You admitted in your email yesterday that when you and I die James will have nobody but the state to care for him. This is because you are neither able or willing to provide brothers and sisters to watch over James in the future. You left that task to me. Sasha grew up with James. They have a close bond. In a few years Sasha will be able to visit James on his own in whatever care home he is in at the time. James loves Sirus very much and you told me yourself how much he loves babies. Well when we visit James for 2 months in 2015 he will have a new baby brother or even sister as well as brother Sirus and brother Sasha. Making cheap jibes that James’s 3 siblings have 2 different mothers just shows how desperately weak and pathetic your argument that James cannot receive family visits at his new residence is.

Your whole raison D’etre in recent months has been to airbrush James’s growing family of past and future carers out of his life. Totally illegally, totally against both the letter and the spirit of the section 16.2 of the Mental Capacity Act 2005 which protects the vulnerable from people like you who take decisions for them on their behalf against their best interests. You are proving yourself not only to be a criminal with no respect for the law but also my severely incapacitated and vulnerable son’s worst enemy.

In order to get through to James’s on Skype when he resided with you, I had to first to get past you as gatekeeper and many times you were unwilling to answer you telephone to set up the Skype video call. Later you changed your number and forced me to contact social services for a Health and Safety check to ascertain where my son was and if he was OK.

Now Skype has contact has been resumed at QAC this is nolonger an issue.

The barrister who advised me said that residing abroad for 10 months of the year is not a barrier to me being one of James’s personal welfare deputies at the court of protection and you are welcome to become one too. I asked this question “Does living abroad for 10 months of the year disqualify me from being one of my incapacitated sons Deputies at the Court of Protection. My barrister replied absolutely not!!! I asked “Does it disqualify me from seeing my son during normal contact hours at his new residential college”? My barrister replied absolutely not!!!

It appears that the only barrier for my son receiving visits from his family of past and future carers at his new residential college is his criminal mother who is riding roughshod over the Mental Capacity Act 2005. Nobody else in the world would consider it in my son’s best interests, particularly as you said yourself he will one day be on his own in state care, for him to be denied less than normal (since age 12) contact with his growing paternal family and future support network of at least 3 younger siblings. Less than normal contact would weaken James’s siblings’ bonds with James and that is just not in James’s best interests simply because when he’s on his own in a state care home his three siblings will be very very useful to him for visits, for company, to bring his nephews to visit him to be welfare deputies for him at the Court of Protection,

I would like Sasha and Sirus to take over from you and I as James’s deputies when we are no longer able to care for him. You have failed to provide James with any blood family. To facilitate this James contact with his family is paramount. I don’t anticipate living abroad 10 months of the year forever. A time will come when the UK housing market will become affordable once more and when it is I as James father, Cherma his step mum, brother Sirus and James’s new sibling due to be born in April will be able to either care for James or pay him regular visits in a local care home. James’s brother Sasha is already in Solihull. The care home option for the future is no problem for me as long as James has at least one deputy at the Court of Protection from his paternal family who James has spent so much time with as he grew up to keep an eye on him.

Plus just one or two additional weekdays in school holidays. During last year’s trip Wednesdays were added into the same schedule.

Please note: under section 16.2 of the Mental Capacity Act 2005 it is illegal for anybody to take a decision for a severely incapacitated person that is not in the person’s best interests and that airbrushing an incapacitated person’s lifelong and growing past and future family support network out of his life or denying him family visits at his residential college is about a far against his best interests as you can get. You are not above this United Kingdom Law and as such you are not legally able to take such a bad decision against my severely incapacitated son’s best interests. You are also forbidden under the Act to deprive my son of his liberty to receive family visits and enjoy normal family days out he’s enjoyed all of his life. This point alone is sufficient to stop your reckless attempts to circumvent the Mental Capacity Act 2005 and cause further embarrassment at Queen Alexandra College.

Simon
On 26 September 2014 18:45, Monica Ryder <monica.ryder@btinternet.com> wrote:
Simon

1. Please stop trying to push the college to grant you more access than what I agree to. I am the main carer and they need authorisation from me to allow anyone to see James. I have explained what the plans are for James. A lot of thought and effort have gone into addressing James’ future. A significant number of visits to a variety of colleges, assessments, paperwork, meetings, calls, negotiation all to try and get the right solution for James. We have had to work very hard to help James deal with the changes. I do not think it is helpful for James or in his interest to change this because you’ve visiting.

2. At no time have we hidden your existence from QAC, so far they had focused on James and we have not been asked about other people. Dominic and myself are there as contacts. I think you have to be realistic that in your current circumstances you are not realistically in a position to provide ongoing support or be available on site if the situation requires it. If you really want to consider James best interests then I think you have to accept that you need to fit in with what is planned. You were last in UK in June/July 2013. It has already been more than 15 months since you last saw James, so I understand your desire to see him. Also given the short amount of time you have in the UK I can understand you wanting as much time with James as possible. That all said, I have explained the need to help James gain greater independence. I need you to work within the boundaries I set. My suggestion is still the same. You can see James on the weekends I have outlined and we can make arrangements for what happens during the holiday period so you’d be able to see more of him then.

3.I haven’t “decided” to stop contact with you. According to my Skype history, you have called James 3 times between March and August 2014: 13 March, 15 May, 4 July. You missed James’ birthday on 19 July altogether: no call, no card, no present. Next time you tried to get in touch was 24 August and got upset because I didn’t reply to your email straightaway. This is why when my mobile phone contract finished and Skype kept crashing, getting in touch with you was low on my priority list. Do not accuse me of stopping contact when you yourself made no attempt to get in touch over that period, not even for your son’s birthday.

3.You may be happy for me to look after James’ property and affairs when you are abroad. The reality is that is what I always do whether you are here or not. I haven’t decided to move abroad, I don’t have multiple children by multiple partners, I just have James. It is his interests I will put first. I have done everything in my power to try to ensure his future has certainty. I want you to fit in with those plans please.

Monica

Simon Foden <simon@foden.net>
26/09/2014

to Beverley, katyivko, Monica
Hi Beverley

The contact we recently agreed is satisfactory and still stands. I’m not looking to modify it. Monica is forbidden under the Mental Capacity Act to deprive my severely incapacitated son of his liberty to receive family visits and enjoy normal family days out with his young and growing family, that as you know, he’s enjoyed all of his life. These brothers will one day be all he has. This point alone is sufficient to stop her ruthless and reckless attempts to circumvent the Mental Capacity Act 2005 and cause further embarrassment at Queen Alexandra College.

I’ve requested Monica stop embarrassing QAC by leaning on the college to break the very law that was designed to protect vulnerable young adults from people like her who are happy to deprive such severely incapacitated young adults of their liberty and take decisions, for them, that are not in their best interests.

Kind regards
Simon

From: Simon Foden [mailto:simon@foden.net]
Sent: 26 September 2014 20:45
To: Monica Ryder; Beverley Jessop; Ivko, Katy (Adult Social Care – Solihull MBC)
Subject: Re: Fwd: James

Monica

The answer is still no!!!

Now Skype has contact has been resumed at QAC this is nolonger an issue.

Plus just one or two additional weekdays in school holidays. During last year’s trip Wednesdays were added into the same schedule.

Simon

Simon Foden <simon@foden.net>
26/09/2014

to Beverley, katyivko, Monica
Hi Beverley

Kind regards
Simon

Simon Foden <simon@foden.net>
26/09/2014

to Beverley, katyivko, Monica
Hi Beverley

Kind regards
Simon

Simon Foden <simon@foden.net>
29/09/2014

to Beverley, katyivko, Monica
Hi Beverley

Monica’s resumption of communication last week included no apology for her reckless breaking the Mental Capacity Act 2005 by embarking on a ruthless campaign to airbrush my son’s lifelong past and future support network out of his life by unilaterally tapering off his regular Skype communication with his paternal family prior to making herself completely incommunicado necessitating the contact of Social Services to ensure ascertain where he was and that he was safe and well, refusing to mention the existence of his family and embarrassing the college by not making his family authorised contacts. Not only did she not apologise for the distress and frustration she unnecessarily imposed on James’s family she proceeded in a feeble and failed attempt to discredit them. Monica has also caused embarrassment with Katy, James’s social worker forcing her to stay neutral and request James’s family take legal advice.

As you know we have followed the social worker’s advice and the barrister advising us has made it clear that the only barrier to James’s family being contacts for him at QAC is Monica and he asserted she is breaking clause 16.2 of the mental capacity Act 2005 by depriving a severely incapacitated and vulnerable young man of his liberty to receive his lifelong and growing family of father, and 2 brothers, a third on the way, one of whom grew up with him as visitors at his new residential college. This is proof, beyond all reasonable doubt that the only barrier to James receiving his visitors is breaking the law therefore I maintain in the strongest possible terms that this illegal barrier has now been removed!!! The law is a great leveller.

Nobody has ever doubted the severity of my son’s immense incapacity and vulnerability. Monica has recently asserted that her days as one of James’s carers are limited and that James’s future lies in state care and with his family airbrushed out of his life so he’s totally dependent on third party carers while his brothers grow up not knowing where there fun loving incapacitated brother is. My barrister and I have proven that such ruthless action against an severely incapacitated person is totally illegal under the above Act of Parliament on not one but two counts: Deprivation of Liberty and Making a Decision for a Severely Incapacitated and Vulnerable Person Against Their Best Interests. We have proved beyond all reasonable doubt that my son’s future in state care will be better for him with his brothers never having lost contact with him so that they can strengthen, not weaken as Monica is trying to do, their bonds with James so that when he’s on his own in a state care home his three siblings (including the one due in April) will be available to James for visits, for company, to bring his nephews to visit him to be welfare deputies for him at the Court of Protection.

James’s needs the support of QAC to make sure that his future in state care runs smoothly with his future carers ALL there for him, not airbrushed out or bonds illegally weakened at this critical stage in his care as Monica is trying to illegally do. It is paramount that everybody helps James make this transition with his whole family onside and with him every step of the way so that we can reassure him how important the college is for him to be as independent as he can be in his supported new life and, MOST OF ALL reassure him that his father, brother Sasha, brother Sirus , and new brother or sister due in April will always come to visit him and be company for him long after Monica and I are no longer around.

Therefore, we have complied with the social workers request to get legal advice and through this we have removed the only barrier (an illegal barrier) to James family being names as contacts at for James Arthur Henry Foden at QAC . Therefore please add Simon Arthur Foden, Alexander (Sasha) Simon Foden and Sirus Arthur Foden as contacts for James during his stay at QAC So that James’s rights under the Mental Capacity Act 2005 are fully adhered to.

Kind regards
Simon

Simon Foden <simon@foden.net>
29/09/2014

to Monica, Beverley, Katy
Monica

The devious way you’ve behaved in the last 3 months has been very distressing.

You cannot dismiss the Mental Capacity Act 2005 as a rant. You also cannot dismiss your obligations under the Act and your compliance with your obligations regarding any decisions decisions you make for James and his rights to see his family at whatever institution he resides at will always require that one of his paternal family will be a named contact. As with QAC, if you don’t make a member of his paternal family a contact then the Mental Capacity 2005 will so please don’t do this again with any other institutions.

I’m very proud of James being at QAC and I want his stays at whatever local institution he resides in to be a success and his paternal family will do everything required to bring this about but now we know James has the protection of the Mental Capacity Act we will always take for granted that we are named contacts.

We will be happy to see James as much as we can in his school holidays plus the days already agreed with QAC. This being the revised list to account for you preferring to avoid Monday evening bus rides.

Now please end this nightmare and let everybody to move on and take care of James.

Simon

On 29 Sep 2014 20:23, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Simon

I don’t want to talk to you when you’re ranting like this.

Do you realise that all this is about 3 days that I’m asking you to see James during the holiday instead of college time (15 and 29 November and 13 December)? It’s the same number of days overall so I can’t understand what your problem is. I said quite clearly that I’m happy for you to make up for any time during the holiday.

Monica

Simon Foden <simon@foden.net>
01/11/2014

to Monica, Beverley, Andy, ssadultcare.re., Katy
Hi Monica

Thank you for communicating with me.

I appreciate your effort to appear more reasonable and as far as James’s weekend and holiday time with his brothers is concerned I don’t think we’re to wide of the mark.Its important for James, Sasha and Sirus and James need to spend as much time as they can with each other as we’re only in Birmingham for 7 weeks and the trip has cost us £3000 that’s with the cheapest airlines and the cheapest hotel which is Travelodge. We don’t have to spend this money (it could be put to good use to top up my pension) but its an investment in the loving bonds between James, Sasha who grew up with James and Sirus and this investment will pay dividends for James when you and I are no-longer around to coordinate his care. In addition to Sirus and Sasha to keep an eye on their brother James will have a baby sister called Simone in mid April. Simone will be raised to keep a close eye on brother James and to be a care coordinator for him

As far as holiday contact is concerned the more the better !!!

As expected James has settled nicely into his new school and he appreciates his Skype chats with his dad and baby brother. He was a bit confused during the first Skype contact because he hadn’t seen his paternal family for 7 weeks but now he knows we know where he is he was much more relaxed in the last two Skype chats. During our 10 months a year abroad James’s 10 minute fortnightly Skype chat is adequate reassurance for James that his dad and brothers know where he is

I appreciate that you feel some of James courses are important for him (though not as important as him being able to seize his opportunity to grow his bonds with his brothers). This is why I am going to be flexible in ensuring James’s rights under the Mental Capacity Act 2005 to receive his loved ones as guests for short visits and to be picked up and dropped off for some of his days out with his family at his place of residence. If James was not severely incapacitated he would not be subject to you or anybody else illegally depriving him of his liberty and having his severe incapacity taken advantage of in lets face, has been some sort of weird plot to airbrush his loved ones out of his life. How else would QAC and social services have been so shocked when a paternal family who James grew up with suddenly appeared on the scene . A lot of stress and embarrassment on all sides could have been avoided and will be avoided during James’s next residential transition if we all work together for James.

As we have discussed previously on Skype my only requirement was to uphold James’ legal rights and yours and my legal obligations under the Mental Capacity Act 2005 to make the best Decisions for James. All I asked for was a college not to far away from Solihull so his family could visit him and you said you don’t have a problem with that. I was absolutely delighted when I found out about QAC then the delight turned sour by me being forced to request a health and safety check on my son to find out where he was then being made away of your misunderstanding of the Mental Capacity Act whereby you were trying to deprive James of basic rights.

Let me be absolutely clear about this, James has legal rights to be able to be treated equally with non incapacitated peers i.e. not be deprived of his liberty and not have his severe vulnerability and incapacity being taken advantage of by your lack of appreciation of the Mental Capacity and Disability discrimination laws.

James’s rights under Mental Capacity Act to enjoy the same liberty’s as his non mentally incapacitated peers by far supersede the right of a carer to make bad calls for him.

This whole weird episode of secretly airbrushing James’s loved ones out of his life is at best a very very very “bad call” made on behalf of a severely vulnerable and incapacitated young man. Simply put – James rights under the above Acts not to have bad calls made for him by any third parties, even his carer be they mothers, school staff or even social workers SUPERSEDE the elevated rights of a carer over a non carer. This is just basic common sense.

Weekend and holiday time with James’s is fine by me but please put a few bonus days in like you did last year. Don’t forget that 3 days after James’s Nanny died you asked me to keep up the holiday care arrangements already preplanned prior to my mom’s sudden death by pneumonia caused by her 3 year cancer. I didn’t think I could cope with the grieving process and take care of James for a couple of weeks but I’m glad I did. James was an absolute tonic to have around while I was grieving and made it a lot easier.

James has given his paternal family endless joy while he was growing up with us and the time he’s spent with us since Mom’s cancer and I owe it to him to help him when he’s at his most vulnerable. Just like I helped him when Reynalds Cross discriminated against him because he was disabled according to SENDIST I will help him now while he’s at risk of liberties be taken because of defenceless inability to stand up for himself and to even know when a liberty is being taken. I don’t intend to nitpick but in view of what has transpired over the last couple of months James has been a victim of his vulnerability being taken advantage of way way against his best interests it would be nothing less than negligent of me to to sit back and do nothing about it.

Even though SENDIST is more for disability than Mental capacity discrimination however, if QAC aided and abetted you to deprive James the liberties his non incapacitated peers enjoy to receive their loved ones as guests and to be taken out for some days out with their brothers QAC will fall foul of both the Mental Capacity Act (bad calls and deprivation of liberty of the incapacitated ) and also the Disability Discrimination laws both aimed at giving James a leg up when his incapacity is being taken advantage of against his best interests.

Just like James rights under the above Acts not to have bad calls made for him by any third parties, even his carer be they mothers, school staff or even social workers SUPERSEDE the elevated rights of a carer over a non carer there are some things that like precious family time with brothers and a future sister that are precious because of the limited amount of time available for James to seize this brief opportunity. Once these 7 weeks have passed James’ will have all the time in the world to pursue any activity you set for him. This is a matter of prioritising for James. Nobody would think a particular class was a higher priority than a one off window of opportunity to grow existing bonds with brothers who will one day be the only loved ones he has to coordinate his care as you are doing now and what a fantastic choice QAC is well chosen.

I would like to put your recent “mistakes” behind us and agree with you how we can work together to ensure that James’s rights to equal treatment with his non incapacitated peers and his rights to receive all his loved ones at his place of residence and his rights to have only “good calls” made for him and “the best priorities set for him”

In view of all that has transpired above and how James incapacity has undoubtedly been taken advantage of, James’s brothers have been appointed by the Mental Capacity Act 2005 (see above) as named contacts for James at QAC and whatever other residence or institution James may reside at and as I am the guardian of James’s brothers I have been appointed as a named contact by the Act too.

James’s rights under Mental Capacity Act to enjoy the same liberty’s as his non mentally incapacitated peers by far supersede the right of a carer (or college) to make bad calls for him.

Face Saver

In view of all the weird things that have gone on with monumental omissions etc on James’s application for QAC, Skype tapering etc I am happy to censor my rights to visit James at QAC as I see fit, I am happy for you to choose 2 slots a week for James’s family to visit James for a short time (longer than a 10 minute Skype chat but a short time). Please choose slots that give us a good cross section of James activities at QAC. One nice slot would be to take the kids out with James when he goes out for a meal down the pub with QAC staff. James’s brothers will only be around for 7 weeks and two of those are school holidays so we are only taking about 10 short visits to James’s college so James’s rights are adhered to and we have the opportunity to thank QAC for the amazing way they have adapted to James and James has adapted to them.

Thanks again for communicating with me
Simon

The Mental Capacity Act 2005 states that if incapacitated people have some ability to express a preference then that should be taken into consideration. For example should somebody say to James do you want to see your brothers today, James will instinctively say no because he wouldn’t understand such a complex sentence. Even if he did understand such a complex sentence and he still said no then the Mental Capacity Act 2005 would step in to protect him because he clearly does not have the capacity to understand the implications of saying no in that he would be denying himself time to spend with his loved ones who raised him from a baby and his brother Sasha who grew up with James. He certainly doesn’t have the capacity to understand that when his parents are no longer around all he will have left will be brother Sasha, brother Sirus and his new sibling due in April hence the importance to him of his precious time developing his bonds with his brothers.

I have the results from James’s brain scans that prove beyond all doubt that James does not have the capacity to answer the question do you want to see your brothers plus I have 18 years of video and photographic evidence of how much James loves his family therefore any attempts to take advantage of James severe vulnerability and incapacity by circumventing the Mental Capacity Act 2005 based on a preference that James may or may not express are simply futile.

On 1 November 2014 17:58, Monica Ryder <monica.ryder@btinternet.com> wrote:
Hi Simon

As you’re arriving next week I wanted to confirm the dates when you are seeing James during the college term:
Saturday November 8th
Sunday November 9th
Saturday November 22nd
Sunday November 23rd
Saturday December 6th
Sunday December 7th.
I expect James’ last day in college will be 19th December, when he will come home for the Christmas holiday. You would have liked to see James on Mondays as well. However he is entering a phase of intense living skills curriculum which takes place after college hours and he would miss out on this.

James also needs to see us and possibly come home on the other weekends if he is feeling too home sick. There are also a lot of activities at weekends which he should take part in to help with his adjustment to life in college and independent from family.

So I suggest that you have additional days during the Christmas holiday to make up for this, starting with the weekend 20/21 December which should have been our weekend. We can agree the holiday dates separately, but the college need to know when to expect you. You will also have to agree with Badger House staff pick up and drop off times to fit in with the House activities.

Thanks

Monica

Simon Foden <simon@foden.net>
03/11/2014

to Monica, bjessop, adennehy
Monica

Stop this abuse now and stop goading QAC and Social Services to break the law

The additional day will be nice but there are no no go areas for James brothers – you cannot exclude them from James’s residence – as explained the Mental Capacity Act 2005 and the Disability Discrimination laws forbid it. As explained in my last email for the 5 weeks that James brothers are in town the living skills curriculum takes a lower priority than showing off his place to his brothers which all non incapacitated people do and you must comply with the Acts and not abuse James by taking advantage of his incapacity to deprive him of his liberty to practice his living skills in the presence of his brothers and receive his loved ones as his guests in his own place for a very very short period of time. Just twice a week for 5 weeks an hour will be sufficient.

An hour will be sufficient
An hour will be sufficient

Monica – did you get that — AN HOUR WILL BE SUFFICIENT JUST 2X A WEEK JUST 5 WEEKS and James family won’t be around for another year so that my severely incapacitated son can seize his opportunity granted him by the metal Capacity Act 2005 and the Disability Discrimination laws to stop you from depriving him of his liberty to maintain his loving bonds with his brothers in a dignified manner, in his own place of residence, something they can talk about in years to come, something that his non incapacitated peers can do without relying on a third party to make a call for them. Sasha will never forget seeing his brother in his own place and the awe that inspires. Its like when your first teenage peer gets a car and you feel the awe of their independence when they take you out in it or when you visit your first peer to get their own place. Sasha will never forget this and James will be proud to show him round.

Its not really an hour its only 50 minutes because we normally see him for 10 minutes on Skype.

Judging by the manner in which you misrepresented the facts to social services and QAC judging by their shock that James has a loving paternal family who jointly raised him it seems exclusivity and legal compliance was the last thing on your mind. The main reason James brothers were appointed contacts at QAC by the Mental Capacity Act 2005 and the Disability Discrimination laws was because you went out of your way to take advantage of James incapacity to abuse a severely incapacitated and vulnerable young adult by airbrushing his brothers one of whom grew up with James – out of his life. This was an act of intolerable abuse against a person as vulnerable and incapacitated as James. What chance did James have of getting back in touch with his family? If it wasn’t for my actions in requesting a Health and Safety check for him he may never have seen his brothers ever again.

Please grow up and accept that his living skills can take place as well as him being able to touch base with his family at his residence for a very short time – see above. When I was a Uni every single student had their liberty to show off their place and receive visits in their place of their loved ones. There were no third parties around saying you cant do that! Nobody said all your after lesson time should be spent learning skills! The bottom line is that James’s severe vulnerability means that his whole life has been controlled, choreographed and spent doing what others have told him he can and can’t do and nobody who read James brain scan reports and watched his videos with his brothers of whom he has a very very short window of opportunity to exercise his rights under the Acts with would say he should be deprived of this brief opportunity because you want to break the law and deprive him of his liberty to do.

What is all this either or? What ever happened to inclusivity and compliance with the law so that QAC don’t have to face a SENDIST Tribunal and bad publicity because you just will not stop goading them to break the law?

What is wrong with legal compliance? What is wrong with playing by the rules?

All you have achieved with your tirade of abuse against James and his family is get us appointed by the Mental Capacity Act 2005 as named contacts at QAC and at whatever other place he resides at.

I and James brothers have been appointed named contacts by the authority of the Mental Capacity Act 2005 to stop you abusing him by taking advantage of his severe vulnerability and incapacity to deprive him of liberty and put him at a disadvantage to his non incapacitated peers – disability discrimination.

James will be more set back if you keep abusing him and trying to deprive him of his legal rights which I will see are adhered to for him.

Now please grow up and be a little bit more inclusive and broad minded and pragmatic.

We can either bring James brothers at a time of out choosing for some very short visits or we can agree some times that you think are better than others for short visits so James can enjoy his liberty to can show off his new place to his brothers using our powers under the Mental Capacity Act 2005 to ensure that James rights are adhered to or we can agree some times you think may be more suitable than others.

Simon

Simon Foden <simon@foden.net>
04/11/2014

to Monica, ssadultcare.re., bjessop, adennehy
Hi Monica

Thanks for seeing reason albeit belatedly. Please, next time James makes a move lets do it inclusively and avoid entering into an on-line sudo court battle with the law guiding us ultimately into the correct place to be. I understand you take the leading role in coordinating James’s care but I’m the gateway to his growing family so my role too is significant.

I have no intention of criticising anybody if James is a bit confused or even very confused. This is a rite of passage for him. Its bound to be confusing. I will only ever complain if he’s in pain or his rights are not being adhered to (remember Reynalds Cross – disability discrimination and dodgy psychologist reports to water down the schools mistakes. The psychologists saw reason too because they couldn’t argue that James was more advance than Sasha who was only two but they tried very hard to argue it). James being a bit confused is not a big issue for me. I’m very happy we managed to get round this hurdle without having to fight a SENDIST Tribunal and publish the result before everybody saw reason.

Please make sure James has his bus pass, changing bag and I will need to be brought up to speed with James’s current medazolam dosage

Yes, we would like James on Mondays in Holiday as normally. Last year you let us have him on Wednesdays too in holiday. That’s ok as well if its ok with you.

So to clarify – on the school dates we pick James up from QAC and in holiday time we pick him up from your house. Is that correct?

Thank you again

Simon

Simon Foden <simon@foden.net>
06/11/2014

to Monica
Hi Monica

Can we say between 10 and 11 as we’ll be on public transport and I’m not sure of the journey time.

Simon

Sent from my Windows Phone
From: Monica Ryder
Sent: ‎06/‎11/‎2014 05:32
To: Simon Foden
Subject: Re: Seeing James

Hi Simon

Yes, you will pick James up from college on
Saturday November 8th
Sunday November 9th
Saturday November 22nd
Sunday November 23rd
Saturday December 6th
Sunday December 7th.
and from our house during the holiday. What time do you think you will be picking James up this Saturday so I can let the House know. You can make your own arrangements for drop off and for the other days.

Staff will give you the bus pass, medazolam and changing things but you may need to remind them, James is not the only one they look after. James knows you’re coming on Saturday.

Monica

Simon Foden <simon@foden.net>
07/11/2014

to Monica
Thanks

We’ve just arrived at Heathrow and looking forward to a very happy time bringing the boys together.

James sister Simone is due in April and will meet James and Sasha next year god willing

Simon

Sent from my Windows Phone
From: Monica Ryder
Sent: ‎06/‎11/‎2014 08:49
To: Simon Foden
Subject: Re: Seeing James

no problem. from solihull you need 37 and then 11 from Acocks green, takes over an hour.

Simon Foden <simon@foden.net>
11/12/2014

to Monica
Hi Monica

That’s fine. If you could squeeze a couple more days in that would be even better. We go home on 2nd Jan

Simon

On 11 Dec 2014 08:40, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Hi Simon

James will be on holiday from 19 December so he’s coming home on that day. Initial dates to see him:
Sat 20 December
Sun 21 December
Tue 23 December.
I’ll drop him at Solihull Station as before.

Can you let me know when you leave so we arrange other dates before then. My mobile number is 07449 348 966. Please give me your mobile number as well.

thanks

Monica

Simon Foden <simon@foden.net>
15/12/2014

to Monica
Yes that’s fine. Shall I call you when were at Solihull station between 10 and 11 on the dates above. Its up to you if you want to add in some extra dates in addition.
Simon

On 15 Dec 2014 09:39, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Ok, shall we say

Sat 27 Dec
Sun 28 Dec
Wed 31 Dec
I’m flexible on these dates.

Monica

Simon Foden <simon@foden.net>
18/12/2014

to jessex, Monica, Beverley, Katy, ssadultcare.re., s502amordey
Hi Jeannette

This email is strictly confidential and is not to be distributed beyond the ccd recipients James’s last school current collage. solihull inclusion and access social services and Monica.

This email summarizes Monica’s offences that she recently committed under the Mental Capacity Act 2005 as she abused a severely incapacitated and very vulnerable young adult by abusing his incapacity to airbrush his loving and growing paternal family of father, 2 brothers and uncle a step mom and a sister due to be born in April completely out of his life and deprive him of his liberty to see his family as guests at his place of residence in the same manner his non incapacitated student peers can do at their hall of residence when away at uni. There Monica discriminated against James due to his disability as well as committed a serious offence against a vulnerable young adult under the Mental Capacity Act 2005.

Since my parents died 3 years ago Monica and I maintained a business like relationship for James’s sake and we maintained fortnightly Skype contact until Monica suddenly, without reason and completely unilaterally tapered off Skype contact before ending it all together.

She changed her phone number and made herself completely incommunicado. I was forced to contact social services for an urgent health and safety report on James to find out were he was and if indeed he was ok.

Katy the social worker appeared shocked that James had a loving and growing paternal family who had cared for him all his life. She told me that James was at QAC and that I cannot contact him there because Monica had forbidden it and James was nolonger a child ending paternal responsibility. To Katy’s credit she did tell me to take legal advice and the barrister who advised me told me that Monica was abusing a severely incapacitated and very vulnerable young adult by abusing his incapacity to airbrush his loving and growing paternal family of father, 2 brothers and uncle a step mom and a sister due to be born in April completely out of his life and deprive him of his liberty to see his family as guests at his place of residence in the same manner his non incapacitated student peers can do at their hall of residence when away at uni.

Katy later produced a but she covered up my reports of abuse. However, my reply to the report that detailed Monicas abuse against James was logged and I was sent a password protected secure email to confirm it was logged in order to prevent a negligence claim against social services.

Both Social Services and QAC were completely shocked at my arrival on the scene and I was initially treated as an emposter poking my nose into other peoples business. This can only have been because Monica told them a pack of lies about me as she totally misrepresented the facts to them.

I have 3 months of documentary evidence of Monicas abuse of my incapacitated son as she left him in a strange place totally out of reach of his family and poor /James must have been terrified his family and brothers had abandoned him. This was also a terrifying experience for James family as we had to fight yo prove we were indeed his family.

Monica also went on to defame and slur my good reputation as James father who had always protected James when he was in trouble claiming I was not a fit person to see my son at his residence. This is very rich coming from a known offender (to social services and QAC) under the Mental Capacity Act 2005 and a known liar who had furnished both social services and QAC with a pack of lies as she misrepresented the facts to them.

However, on this occasion I don’t believe its in James’s interest to prosecute Monica for her offences under the Mental Capacity Act 2005 and I also won’t be seeking damages for her defamatory remarks she has slurred me with to QAC and social services. This time only.

Therefore. As I’ve proved beyond all reasonable doubt and way past the balance of probability that Monica is an unfit person to manage single handedly James’s next institution al transition please ensue I’m kept in the loop at every single stage. Im in England two months every year and in Thailand I have a Birmingham phone number: 0121 270 0010 and 0121 711 4411 and I have a UK address: 125 Queen Street Sheffield S1 2DU where all my correspondence is immediately emailed to me.

James’s regular Skype contact is restored and his contact with his family and brothers and uncle is now restored. I thank QAC for this and I sympathise with them for having to deal with Monica’s lies and abuse against James under the Mental Capacity Act 2005.

I trust this is satisfactory.

I do seek an apology from Monica for the terror of the last 3 months as she lied and offended.

Kind regards
Simon Foden <simon@foden.net>
18/12/2014

to Monica
Thats fine Monica

On 18 December 2014 at 09:16, Monica Ryder <monica.ryder@btinternet.com> wrote:
On Saturday 20 December can we make it after lunch. between 10 and 11 is fine on the other days. can you also let me know when you’re bringing him back.

Simon Foden <simon@foden.net>
18/12/2014

to Monica, jessex, Beverley, ssadultcare.re., Katy, s502amordey
Monica

I have no problems with the police – don’t forget its you that is the offender and slanderer and I who is the victim.

You are the one who has been slanderous and the more you deprive James of his liberty the more compensation I will be claiming from you. I urge you to apologise to me and end this 3 month nightmare you unilaterally started before it starts to cost you money. For 3 months you have terrorised James family and it is high time you are held to account for it and letting you off with an apology is doing you a big favour. If you deprive James of his liberty to see his loved ones this weekend you will be committing a further offence under the he Mental Capacity Act 2005 and I will be claiming the £3000 cost of the trip to bring James’s family to see him and I will also be claiming for your libellous defamatory remarks that I am unfit to visit my son in his place of residence and that will be much more than £3000. I’ll be looking at the tens of thousands. And then there is the mental stress I suffered as you have bent over backwards and left no stone unturned to abuse James under the Mental Capacity Act 2005 and to defame and belittle his loving father as being unfit to see him in his place of residence. This is the compensation I’m owed for the terror I suffered while you was abusing James’s incapacity to deprive him of his loved ones who cared for him until his teenage years and beyond.

Its about time you learned the old English adage: “People who live in glass houses shouldn’t throw stones”!

Now, for the last time please apologise for terrorising James family during the last three months so you can save money, I can have peace of mind that you are not going to offend again under the Mental Capacity Act 2005 and abuse my son’s incapacity to deprive him of his loved ones. I urge you to show common sense and work with James family to help his incapacity not abuse his incapacity to terrorise his family as you have been doing since you unilaterally broke off communication an commenced to offend under the mental capacity act 2005.

See sense

Apologise

Move on

This is the cheapest solution and the most beneficial solution for James.

I hope that helps

Simon

On 18 Dec 2014 15:04, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Simon further to this email you can forget seeing James at the weekend or next week. I’ve had enough of your slanderous accusations and i’m taking legal advice. if you come to the house i will call the police so don’t bother.

Simon Foden <simon@foden.net>
19/12/2014

to jessex, Katy, s502amordey, ssadultcare.re., Monica, Beverley
Hi Monica

Your email today is getting you into more trouble. You are committing the same offence you committed when you unilaterally broke off communication and went on to illegally deprive a severely incapacitated young adult of his liberty to see his brother and loved ones on Skype for some 6 weeks before Skype contact was reestablished. Due to James severe incapacity he was totally vulnerable and defenceless to enjoy his liberty to see his family because you illegally deprived him of this. You see James does not see his loved ones because you may or may not want him to he sees them because his right to do so is enacted in the Mental Capacity Act 2005 and enshrined in law. It is an offence for you to deprive him of thus liberty. You have made it very clear that you don’t like like James dad but you must learn that this is not a valid reason to abuse James incapacity all over again and deprive James of his brief opportunity to spend time with his loved ones just because you don’t like his Dad. This is what got you into trouble in the first place several months ago when you first started to offend under the above Act.

You’ve put James family through 3 months of terror and the only reason I blew the whistle on your offences to Inclusion and access is because I’m scared you’ll offend again under the above Act the next time James makes a transition. By ensuring that I’m part of the reviews it will lessen the chance that you’ll offend again and subject James family to further terror and defamation as to why you think James family is not fit to visit him in his own residence.

Now I’ve clearly explained that there is nothing sinister I’m my email to Jeannette today and that I only informed people on a need to know basis in a strictly confidential manner and most importantly of all for the love of our beautiful but incapacitated son please please don’t deprive James of his opportunities agreed to see his brother Sasha And hiss beloved brother Baby So who James calls Baby Lie.

Please confirm that we shall meet at Solihull Station tomorrow, Sunday and Wednesday as agreed. That way we won’t need to sue each other and we can better spend our time and energy in supporting and doing the right thing for our defenceless incapacitated son.

Simon

Simon Foden <simon@foden.net>
19/12/2014

to Monica, jessex, s502amordey, Beverley, ssadultcare.re., Katy
Dear Jeannette

Monica made a direct admission to you yesterday afternoon when she replied to my email to keep you in the loop regarding her 3 months of abuse of the incapacity of my son that social services and QAC are already well aware of. She told you that she is planning to abuse the incapacity of my son on Saturday, she said she plans to repeat the abuse of James’s incapacity again on Sunday and finally she told you that she plans to abuse James’s incapacity again on Wednesday next week. These are the remaining agreed dates for James to spend precious time with his loved ones before they return home abroad for 10 months. Her reply will form a significant part of my evidence to to proceed with financial remedy for the last 3 months of terror and abuse she has inflicted on James and his loving family should she refuse to offer a full and unequivocal apology for the said abuse.

In reply to my email to keep you in the loop (Social services and QAC are all too aware of how Monicas relentless non compliance with the Mental Capacity Act 2005 to ensure that James rights to spend time with his loved ones at and outside his place of residence is fully adhered too) re Monica’s offences under the Mental Capacity Act 2005 is yet another offence under the Act. It is yet another attack on the incapacity of a vulnerable severely incapacitated young adult to deprive him of his liberty to spend time with his loved ones who have looked after him and loved him and who he has loved since he was a baby and some of whom have grown up with him.

Why can’t Monica understand that not liking, even loathing or hating James’s father is not a get out of jail free card to give her a green light to offend under the Mental Capacity Act 2005. Not liking James father is not a valid excuse to abuse James by taking advantage of his incapacity to deny him his basic liberty to spend quality time with his loved ones. You (Jeannette) had every reason not to like me after I won the SENDIST Tribunal but you still acted with the utmost professionalism and dignity and cut through all the high flying emotions to deliver James his admission into the first class Merstone school from which James never looked back in terms of his development. Monica not liking a vulnerable person’s father is not an acceptable excuse to offend under the Mental Capacity Act and abuse the vulnerable person’s incapacity to deny them their rights under the Act. Not content with 3 months of offending as above Monica has spent 3 months libelling in written defamation James’s father (who has always protected James when he’s been in trouble) as an unfit person to visit James at his new residential college. I have every right to claim damages from this libellous defamation spread by Monica.
Monica has relentlessly goaded QAC (I have 3 months of evidence – she was still goading QAC to break the law and join her in offending under the above Act as late as the day before we left Thailand to come to visit James) to aid and abet her abuse of James helpless incapacity. QAC have repeatedly refused to comply with Monica’s requests to join her in abusing James incapacity to deprive him of his loved ones and QAC led by Bev have remained a steadfast supporter of James rights under section 23 of the Mental Capacity Act 2005 and they have ensured they have been adhered to for their severely incapacitated totally defenceless pupil.

I’m scared

I’m scared that although after being subjected to 3 months of terror and libel as Monica offended as noted above and abused James incapacity as noted above – although at least as far as QAC is concerned the problem of Monicas recent offences appears to be over but I’m concerned she’ll offend again at the time of James’s next institutional transition. This is the only reason its been necessary to bring Jeannette into the loop.

Two simple requirements to end the nightmare of the last 3 months:

1 Jeannette to Keep me in the loop at transition time as part of James’s reviews to ensure that any future offences against James and or libellous defamations against his father are extinguished before they occur. My requirements for James’s next institution are simply that its (a) local to Birmingham where James has a 10 year brother who grew up with James and where his father and Youngest brother Sirus (Baby Si who James has renamed baby Kie) come to stay for two months of the year to visit James (b) James can easily access his family so that his rights under the Mental Capacity Act 2005 are fully adhered too and (c) that James is happy there.

2 (a) – preferred remedy the cheapest and best for James)) Monica apologises for libelling me as unfit to visit my son at his college and her countless offences under section 23 of the Mental Capacity Act 2005 whereby she repeatedly abused James defenceless incapacity to deprive James of his liberty to spend time with his loved ones at his place of residence as his non incapacitated peers are all free to do and repeatedly goading QAC to join her in the same.

(b) Monica hires a solicitor to point her in the right direction re the libel laws and Mental Capacity Act 2005 and to agree a financial remedy to compensate me for defaming me as unfit to visit my defenceless son at his place of residence and for terrorising me during the last 3 months where I have reams of evidence of how Monica attempted to abuse James’s incapacity to airbrush this defenceless young adult’s loved ones he grew up with and who grew up with him out of his life this is what I refer to as Monica’s three month ruthless campaign of terror against James’s loved ones.

Kind regards
Simon
Simon Foden <simon@foden.net>
19/12/2014

to Monica, jessex, s502amordey, Beverley, ssadultcare.re., Katy
Dear Jeannette

I’m scared

Two simple requirements to end the nightmare of the last 3 months:

Kind regards
Simon

Simon Foden <simon@foden.net>
20/12/2014

to Monica
This is a gentle informative and conciliatory email designed to shed light on what went wrong in the weeks prior to James’s fantastic placement at QAC and a gentle request request that you reinvoke the business like relationship you maintained with me until that time which was a civil relationship that kept James in regular Skype contact with his loving and growing paternal family that he grew up with and who grew up with him. James absolutely adores baby Si and has even renamed him baby Kie

See video below:

https://docs.google.com/a/foden.net/file/d/0B4wMHINCj-Qwb24xTU9GUll3Qm8/edit?usp=docslist_api

There was nothing abusive about reporting, in a civil and business like manner to a restricted number of professionals involved in James care how, for whatever reason you had taken advantage of his incapacity to distance him from his loved ones putting him at a disadvantage to his non defenceless non incapacitated peers. This contravened 2 laws: the disability discrimination laws and the Mental Capacity Act 2005. It was Katy the social worker who told me to get legal advice and it was the above that was revealed by the advice.

I don’t doubt that Janes can issue opinions on what he wants to do next and if you ask him if he wants to see Sasha he will say probably 100% of the time. However, this does not mean he does not want to see Sasha because he does not have the capacity to understand the “consequences” of the decision he made would mean he would missing out on a fantastic time with a brother he loves and watched grow up from a baby. This is the beauty of the mental Capacity Act 2005. It protects severely incapacitated people not only from other people but from themselves to!

I cherish the business like relationship we had until 3 months ago and I would be grateful if this could be restored. I’m even prepared to forget the terror of the last 3 months and move in because James deserves nothing less.

I look forward to meeting James with Dominic tomorrow at the time you mentioned and its my intention to be civil and business like and I expect Dominic to reciprocate.

Simon

Simon Foden <simon@foden.net>
Attachments22/12/2014

to jessex, Beverley, ssadultcare.re., Katy, s502amordey
Dear Jeannette

A more diplomatic version has been sent to Monica see below. Monica is excluded from this full version which says the same thing in more detail in order to get her abuse (as previously detailed) of James’s and his family stopped once and for all.

Please see below my gentle reply below to yet another of Monica’s emails of aggression as she clutches at straws to dig out petty excuse after petty excuse as to why to place obstacles in the way of James enjoying his two full days a fortnight contact with his loving family whom he has grew up with and who grew up with him. Yet again she is forcing me to provide evidence as to why my incapacitated and severely vulnerable and disabled son loves his family so much and enjoys his time with them so much as she continues her aggressive 3 month campaign of terror, libel and abuse against James and his family.

She carried out her threat to abuse James’s incapacity to deprive him of his liberty to enjoy a fantastic time with his loving family. She knows full well that James doesn’t have the mental capacity to understand the consequences of of vetoing such a fantastic opportunity to have a great time with his brothers who he loves so much. However, on Sunday Monica complied with her obligations under the Mental Capacity Act 2005 and James had a lovely time at the Think Tank with 10 year old Sasha showing James the experiments. James liked the one where the ball appears to float over the water fountain. Dominic brought James to meet his family and he behaved correctly and business like just how it should be and again when he collected James from the station later. Monica has also stated that she intends to comply with her obligation to facilitate James’s day out with his family on Tuesday and James will have a fantastic time with Baby Si but he will sadly miss out on Sasha because Sasha’s family time was Saturday not Tuesday therefore James has still suffered a significant deprivation at Monica’s hands.

Bev said on Thursday that I don’t need to prove how much James loves his father and brothers as that is already taken for granted however if this is true then why does it feel that Monica is still leaving no stone unturned in her relentless campaign to airbrush my disabled sons’ family out of his life i.e relentlessly continuing to abuse James defenceless incapacity under the Mental Capacity Act 2005 .

Lets look at the facts:

James’s defenceless incapacity is derived from his totally malformed brain due to his Neuronal Migration disorder and Microcephaly (small brain). This has left James with a life sentence of having the reasoning skills of a 2 to 4 year old. These are the same reasoning skills James had 10 years ago and will be the same reasoning skills James will have in 10, 20 and 30 years time because, as you are all to aware, his problems are physical not mental, i.e. if he didn’t have a totally malformed and small brain he would not have any mental capacity problems and he would, indeed be perfectly normal in his development and reasoning skills but as his brain is not normal he’s trapped with the reasoning skills of a two to four year old for the rest of his life.

Just in case nobody believes me that James’s brain (the cause of his incapacity) is malformed then I enclose James Neurologist report and the interpretation of his brain scans (see attachment named James Fodens forms for simon foden). Now, everybody can see, once and for all that even when James says he does not want to see his father, or he says he does not want to see his brothers that he does NOT have the capacity to understand the consequences of what he has said in as much as he would NOT understand he would he would be depriving himself of a fantastic time with his beloved Baby Si who James has renamed Baby Kie and his brother Sasha who James watched grow up from a baby and who when he was two years old provided powerful evidence, based on his own development, that helped James psychologists to tone down their colourful reports that were way out in terms of where James was at in his development. Now James has baby Si to help his psychologists and social workers to stay on the right track and accurately portray James totally incapacitated reasoning skills. Next year James will have his sister to help his professionals keep on the right tract in terms of his development.

Therefore, as I’ve proven beyond all reasonable doubt that James does not have the capacity to understand the consequences of vetoing his opportunities to spend his modest twice a week every fortnight just two months of the year to have a fantastic time with his loving family who raised him from a baby, understand all his problems some of who grew up with him and who will be his future carers / care coordinators when his parents are no longer around.

If past experience is anything to go by Monica will goad QAC teaching staff to say that James is unsettled or less well behaved after his weekend with his family. This is exactly what transpired when James was at Reynalds Cross school and you already have 3 months worth of documentary evidence of how Monica has relentlessly goaded QAC to aid and abet her in abusing James’s incapacity to airbrush his loved ones out of his life. As noted earlier QAC didn’t take up Monic’s bait and instead behaved comply professionally and ensured all James’s rights under the Mental Capacity Act 2005 were adhered to.

Therefore, I’ve proven beyond all reasonable doubt that James does NOT have the mental capacity to veto his not too frequent opportunities to have a great time and build up his relationships with his growing family of past and future carers and ensure that Sasha, baby Si and his sister due in April will always have a close relationship with him to ensure they will be able to visit him, show him his nephews and nieces, and even coordinate his care when his parents are nolonger around.

Gentle note of guidance to all of the professionals involved in James’s care.

Please carry out your duties well to protect James from Monica’s relentless campaign to abuse him under the Mental Capacity Act 2005 by spinning never ending lies balderdash and misinterpretations of the Mental Capacity Act 2005 so that she can deprive James of his liberty to maintain easy and regular contact with his loving and growing family and all the disadvantages that would have for him for the rest of his life.

In view of the compelling evidence I’ve presented you all with it would be very unwise for any professional involved in James’s care to even make the slightest suggestion that James has the mental capacity to understand the consequences of vetoing his opportunities to have a fantastic time with his loving family without being ridiculed by their peers in their respective professional association and possibly even being debarred or liable to pay damages for professional negligence to a severely vulnerable and incapacitated young adult. I noticed that there was such a ridiculous suggestion made in James’s dubious social worker report but it was actually made by Monica as part of her relentless campaign to terrorise James’s family rather than the social worker who obviously thought better of saying that ridiculous statement herself although the balance of probability is that she probably would have goaded the social worker to make such a ridiculous statement and then made it herself when the social worker refused. Although there was a lot missing from Katy’s report I understand how much pressure she must have been under with Monica relentlessly goading her to aid and her abet her abuse under the Mental Capacity Act 2005 and its a credit to Katy that she didn’t say those words herself and I’m in her debt for telling me to get legal advice – advice which has ended Monica’s unilateral and aggressive 3 month rain of terror over James and his family.

Even the the Prime Minister has stated the importance of regular and rich paternal contact for people with child like capacity and I would say this is even more important for incapacitated young adults than it is children 2 to 4 years old who share James’s mental capacity.

Therefore, to all James’s professionals, in view of Monica’s 3 month campaign to abuse the incapacity of my son under the Mental Capacity Act 2005 by leaving no stone unturned in her relentless acts of aggression and ongoing campaign to airbrush this defenceless young adult’s loving and growing family from his life by misrepresenting the facts to Inclusion and Access, QAC,and James social workers and then libelling his father as unfit to visit his incapacitated son at his new residential college something (all non incapacitated students can enjoy parent visits) and relentlessly goading social workers and QAC to aid and abet her in abusing James’s incapacity to airbrush James’s growing and loving family from his life, therefore, in view of all the evidence I respectfully request you please take with a pinch of salt anything Monica Ryder says about James Arthur Henry Foden and his family because she has such a poor reputation for telling the truth and the whole truth and you can clearly see that she only has herself to blame for this.

See https://onedrive.live.com/redir?resid=FF6654802FC4317!231041&authkey=!ACPG0vG5uGKzsCA&ithint=video%2cmp4

Kind regards
Simon Foden

Simon Foden <simon@foden.net>
24/12/2014

to Monica
Fantastic

We’ll meet Dominic at Solihull Station at 11 AM as usual on these dates.

Simon

On 23 Dec 2014 21:50, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Just to confirm, the next dates to see James are:

Sat 27 Dec
Sun 28 Dec
Wed 31 Dec

Simon Foden <simon@foden.net>
31/12/2014

to Monica
Hi Monica

You are correct therefore we will stick to local trains and be back at Solihull station no later than 5.30pm more likely a bit earlier.

We’ll be at the station at 11 am as usual

Simon

On 30 Dec 2014 18:30, “Monica Ryder” <monica.ryder@btinternet.com> wrote:
Simon
Are you still planning to go to London tomorrow. If so, I’m not sure if you realise that if you pick James up at 11 and bring him back for 5:30 you’ll only get a couple of hours in London, during which you’ll also have to have lunch. Also I’m worried that trains may not run on timetable because of the weather and being New Year’s Eve, especially in the evening. Waiting around in the cold wouldn’t be very good for James and the baby.

If you’re still going do you want to pick James up earlier so you can still come back for 5:30ish?

Monica