Families of adult children with learning disabilities are taking their fight to make decisions on their behalf to the High Court.
Parents Caroline Hopton, Rosa Monckton and Simon Mottram will challenge rules under the Mental Capacity Act (MCA).
Caroline Hopton is fighting to change the law so families can go on making key decisions for loved ones with learning disabilities after they turn 18
Parents marginalised
These rules can marginalise parents over key decisions. Under the MCA, when people with learning disabilities turn 18 professionals, such as social workers, take charge of decision-making at “best interests” meetings.
The families, who all have adult children with disabilities, say they should continue to play the main role.
They argue that many adults with learning disabilities have the mental age of children. Therefore, parents should continue enjoying the same rights.
Headed for the High Court
The High Court will hear their crowdfunded case between 25 and 27 March.
Single mum-of-two Hopton, 56, from Windsor, Berkshire, has a 19-year-old son with autism and learning disabilities. She also has a 21-year-old son with ‘high-functioning’ autism.
She wants the law changed to ensure she can go on making key decisions for her younger son.
Hopton said: “When our kids turn 18 they’re not 18 in the real sense. In some respects they have the mental capacity of a five-year-old or less.”
Welfare deputyship
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 three parents want the court to rule it is in the best interests of adults with learning disabilities for a close family member to be appointed as a deputy.
They believe the move would set a precedent.
Alex Rook of solicitors Irwin Mitchell is representing the families. He told Autism Eye: “We are hopeful that if the court finds for our clients, this will make it clearer when a welfare deputy is appointed, and also make the process of applying quicker and cheaper.
“We regularly hear that parents feel excluded from best interests decisions, contrary to the requirements of the Mental Capacity Act. We hope that their appointment as a welfare deputy for their adult children will safeguard from this happening in the future.”
To donate, visit: www.crowdjustice.com/case/3forallstagetwo
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Published: 16 January 2019
