Families of children with learning disabilities are fighting to go on making decisions for them when they turn 18.
Three families went to the High Court on 25 March. They challenged rules that they believe marginalise them after a child with a learning disability turns 18.
Decisions taken at social worker meetings
Caroline Hopton is one of three parents involved in a High Court fight to ensure parents remain in control of decision making when a child with a learning disability turns 18
Parents Caroline Hopton, Rosa Monckton and Simon Mottram want to end rules under the Mental Capacity Act (MCA) that see decisions taken at “best interest” meetings run by social workers.
When parents want to continue being the main decision maker they have to apply to the Court of Protection to become a welfare deputy.
The law says this should happen only in “the most difficult cases”.
The parents all have grown-up children with learning disabilities.
They hope to get the High Court to rule it is in the best interests of adults with learning disabilities to appoint a deputy from the close family.
Hoping to set a precedent
The parents, who have crowdfunded their legal challenge, say this would set a precedent.
Mencap policy head Dan Scorer supports the families.
He said deputyship should be “based on what is in the best interests of the person”.
Hopton’s 19-year-old son has autism and learning disabilities.
He lives at home with his mother. However, he previously spent some time in care and Hopton raised concerns over his treatment. This has led to an ongoing police investigation.
‘Not 18 in the real sense’
Speaking earlier this year, single mum-of-two Hopton, 56, from Windsor, Berkshire, said when adults with learning disabilities turn 18 “they are not 18 in the real sense”.
Some “have the mental capacity of a five-year-old or less,” she said.
Click here to view the parents’ Crowdjustice page.
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Published: 19 March 2019. Updated 17 April 2019.
