Families of children with learning disabilities have won a partial victory in their fight to go on making decisions for them when they turn 18.
High Court Judge Mr Justice Anthony Hayden overturned rules suggesting deputies should only be appointed to make decisions for learning disabled adults “in the most difficult cases”.
Alex Rook, whose legal firm led the fight to change the law on deputyship
Hayden said this wording in the Mental Health Act Code of Practice should be revisited.
Parents Caroline Hopton, Rosa Monckton and Simon Mottram brought the crowdfunded legal action.
The parents all have grown-up children with learning disabilities.
‘Best interest’ meetings run by social workers
They wanted to stop social workers being able to run “best interest” meetings. Such meetings can make decisions on behalf of adult children with learning disabilities.
When parents want to continue being the main decision maker for an adult son or daughter who lacks capacity, they have to apply to the Court of Protection to become a welfare deputy.
The parents hope the result makes it easier for them, and other families of disabled adults, to become welfare deputies.
But Hayden also said in most cases the most likely result is that it is not in the person’s best interests to appoint a deputy.
‘Nobody better to make informed decisions’
Hopton, whose 20-year-old son has autism and learning disabilities, said “there is nobody better than a parent or a close relative to make informed decisions”.
Alex Rook is a partner with law firm Irwin Mitchell, who represented the families.
Rook said a review of the Mental Health Act Code of Practice is ongoing. He expects the review to remove the wording suggesting deputies should only be appointed “in the most difficult cases”.
All three families will now progress their own applications for deputyship.
Related:
- High noon at High Court for parents
- Parents want rights in over-18s welfare
- Parents go to court to fight for rights
Published: 27 June 2019
