Parents should be given a “key role” when their children become adults, says a charity.
Ambitious about Autism says the rights of parents are “severely diminished” when their disabled children become adults.
Ambitious about Autism chief executive Jolanta Lasota says parents’ rights to make decisions for their disabled children are “severely diminished” when they become adults.
Parental rights to make decisions for a disabled child are only extended once they turn 18 if courts appoint family members as welfare deputies.
But guidance in the Mental Capacity Act (MCA) code of practice says family members should only be appointed as welfare deputies “in the most difficult cases”.
Judicial review
In 2019, a group of three parents – Caroline Hopton, Rosa Monckton and Simon Mottram – brought a judicial review of the guidance.
The judge in the case, Mr Justice Anthony Hayden, said the wording of the MCA “should be revisited”.
But he added that in most cases it would not be in the person’s best interests to appoint a deputy.
The Department of Health and Social Care has said it will publish an updated code of practice in the spring.
Law ‘should be changed’
Jolanta Lasota is the chief executive of Ambitious about Autism.
She said the law “should be changed to ensure vulnerable autistic young people have more say over who should be making decisions on their behalf”.
One mother, from Swansea, who did not wish to be named, told Autism Eye she had spent close to £1,000 trying to get deputyship for her 18-year-old autistic son.
She said she wanted deputyship because her family are the “experts” on her son and they “love him”.
The family fought the case without a lawyer and intend to appeal the court’s decision.
The mother now intends to ensure she uses a lawyer for her appeal.
Related:
- Legal boost to protection of liberty
- Parents win more rights in over-18s care
- High noon at High Court for parents
- Parents want rights in over-18s welfare
- Parents go to court to fight for rights
Published: 22 February 2021
