Campaigners are fighting to change the law to stop the marginalisation of parents after their children with disabilities turn 18.
Parents Caroline Hopton, Rosa Monckton and Simon Mottram want to end rules under the Mental Capacity Act (MCA) that can see parents shut out of key decisions.
Caroline Hopton: campaigning to change the law so parents can make key decisions about their disabled children after they turn 18
Decisions referred to professionals
The Act says once someone with learning disabilities reaches adulthood, professionals such as social workers must take charge of decisions at ‘best interest’ meetings.
But the campaigners, who all have grown-up children with disabilities, want parents to continue having the final say.
The parents are crowdfunding the case and say they need £30,000.
£24,000 in a fortnight
At the time of publishing this story (5 March 2018), they had raised more than £24,000 in around a fortnight.
Single mum-of-two Hopton, 55, from Windsor, Berkshire, has an 18-year-old son with autism and learning disabilities. She also has a 20-year-old son with ‘high-functioning’ autism.
Hopton wants the law changed to ensure she can go on making key decisions for her younger son. She says he was mistreated during spells in care homes before returning to live with her.
‘Fantastic’ response
She called the response to the campaign “fantastic”.
Lawyer Alex Rook represents the families. He said he was “hopeful” the courts would “look favourably” on the case.
If parents want to go on making key decisions, they need to apply for the Court of Protection to appoint them as a welfare deputy.
But the law says the Court should only grant this in “the most difficult cases”.
Campaigners hope to set a precedent
The campaigners hope to get a High Court judge to rule it is in the best interests of adults with learning disabilities to appoint a deputy from within the close family.
The parents say such a change would set a precedent.
To donate, visit: https://www.crowdjustice.com/case/3forall/
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Published: 5 March 2018
