Deputyship for disabled son

[Minimouse1]

Is there anyone out there who has a disabled son/daughter who is coming up to age 18?? My son is accommodated under a S20 voluntary agreement with social care in a residential school. This is full time education 52wks per year but the setting is no longer meeting his needs & we want to move him & are going through tribunal. Can I still apply for deputyship to decide which educational setting my son is moved to if my son is now deemed LAC?!

[Jofisher]

Call the court of protection and ask them.

[lucyhchester]

Hi - my brother is 46 and we are going through the Deputyship process at the moment - we're just starting it through a solicitor in Staffordshire. I'm afraid I don't know the ins and outs of it but I wish we'd done this sooner.

[BenjiB]

My son is 22. He too attends a residential college which we had to go to tribunal for. We acted as his advocates all the way through all were his voice. We don’t have deputyship. Decisions will be made in his best interests which you will be involved with.

Of course deputyship is a good idea and we will be applying this year before my son leaves college but actually choosing a college and acting for him in tribunal proceedings in wasn’t necessary.

[Minimouse1 in reply to BenjiB]

Ok I understand. I think the problem here is that he is already in a school setting but I do not feel it meets needs & is unsuitable. Hence moving him through tribunal however after a recent meeting with SC they seem to be trying to convince me to move him into residential care instead (cutting costs). It also seems they are looking to cease his EHCP & education when he's 19 even though he will clearly have educational needs post 18 & 19. I'm very confused because when my son became a 52wk residential placement he was accommodated by SC under a voluntary S20 agreement but this gives him the status of a 'looked after child' by the LA. So I'm confused as to what I can do if they cease his EHCP with a view to moving him to residential care 🙄. Will deputyship or Tribunal sort this out? He's 18 in Dec & CAMHS have not done his MCA yet.

[BenjiB in reply to Minimouse1]

We had a similar situation. We got him a place at a residential college when he was 19 and had finished year 14 at his special needs school. Funding for the care part was agreed but education were dragging their heels. In late July, they informed us they that the college wasn’t a good use of public funds so they’d be ceasing the ehcp as his needs could be met in adult social care. He still had outcomes to achieve on the EHCP. We instructed a solicitor straight away. The LA barely put up a fight but again dragged their heels submitting no evidence except a scrap of paper with notes from an annual review 4 years previous. We had 4 professional reports done, EP, SALT, OT and independent SW all supporting the need for his education to continue. The day before the final evidence was due the LA conceded. It was February at this point so our solicitor said he should attend as a day student as a transitional period and then start the 3 year course properly in September. It ended up costing the LA a lot more with the extra education and transport costs. Attempting to cease an EHCP at 19 is becoming standard practice apparently. There has to be a good reason why which in our case there wasn’t. Unfortunately acting unlawfully doesn’t bother most LA’s.

As far as I’m aware once he turns 18 they are no longer classed as LAC. I would either speak to a solicitor or an advocate with specialist knowledge. He will be able to apply for legal aid in his own name. I won’t lie we didn’t use a legal aid solicitor as we weren’t aware that was a possibility. With legal fees and the professional reports it was very expensive. There are lots of alternatives to solicitors though. Education Equality is one I know of.

[Minimouse1 in reply to BenjiB]

Yes very similar. I was using SENDIASS but started to get the feeling they weren't totally impartial from the LA & their hands were a bit tied. Have now paid a case management consultant which cost 3K plus an EP report 2K (he also wants about 1k) for court attendance as witness. I cannot afford to pay for any more reports as not entitled to Legal Aid. There's a threshold criteria for legal aid of assets over100k & I own my own house so disqualified. You are correct at 18 he would no longer be LAC but as I'm looking to move his placement it's likely the Tribunal will now be after he turns 18 in which time the LA will assume responsibility if I don't get deputyship in place. Yes they work in 'best Interest' but this LA is the most devious lot anyone could deal with! No trust there - the fact that in the past they have not supported him with respite (hence the need for a recent move to a 52wk placement), refusal through EHCP to identify needs & naking it clear to me that they intend to cease his plan at 19 with obvious ongoing educational needs post 19. Residential Care being mentioned already (age 17). They're the pits tbh but I guess it's every parents fight. Just wondering as I don't qualify for legal aid how would I apply on my son's behalf post 18. Bit late for deputyship by then though 😏

[Minimouse1]

Oh my god I'd need to sell my house to be able to afford that. It's so wrong that parents are forced into this situation. A contrived situation no doubt to push parents into giving up. Well done for not doing so!

[BenjiB]

It definitely wasn’t money we had, it was the most stressful time of our lives. It’s still so fresh to me but now college is nearing the end and I’ve got to find the next step placement. I can feel the stress building already! At least we wi t have to deal with education though!