Deputyship denied, is it worth appealing?

All about caring
1

My son is 18 and does not have mental capacity. This is accepted by the court however my application for deputyship for health and well being was denied as the judge " is not satisfied that there are reasons for concluding that a legal framework of welfare deputyship may either be required or appropriate for him/her in the present circumstances"

I make decisions for my son on so many aspects of his life from photo consents, whether he can have snacks at school, go on trips, his medications and currently I am going through the process of choosing his next college and residential placement. So far no-one has questioned my authority to do so.

The judge has left my son with no one appointed to be responsible for his well-being or authorised to make decisions on his behalf.

Is this correct?

The whole process is rather bizarre in that no checks are made on the people being appointed.

Should I appeal or is it just not worth the effort?

2

Hi Elizabeth,

Transition is worrying time and the sudden change that as parent’s we no longer have a right to a say in decisions concerning our adult child. It sounds like you involve your son in everyday decisions where possible e.g. what to have for his snack (by providing choices etc) However, as you say he doesn’t have the capacity to understand or decide over big changes such as his future placement. In the absence of deputyship, this becomes a best interests decision. Which professionals are involved in this decision making? Do you trust them?

I suggest you contact the Challenging behaviour foundation - support@thecbf.org.uk/ Family Support Line: 0300 666 0126
They also have this information https://www.challengingbehaviour.org.uk/information-and-guidance/rights-and-the-law/deputyship/

or Mencap on their Learning Disability Helpline on 0808 808 1111 (Monday to Friday, 08:00 – 18:00).

Melly1