Deputyship

[White25]

My daughter is 18, we have no parental rights, she is living in a care home, social services are in charge of her as she was removed from our home 4 years ago,

can we apply for deputyship.

[Jofisher]

I suppose that all depends on why she was removed, but I have deputyship for both property and finance and health and well-being and I wouldn’t be without it it’s been invAluable tbh you can do them online through the government website

[White25 in reply to Jofisher]

Hi again, where do you get the case number from for the form. My daughter was removed from us because they said we were not meeting her needs, she would not eat home cooked food, all junk food, they had us down neglect and abuse, do you think we can get deputyship or not.

[Jofisher in reply to White25]

I honestly don’t know that sounds awful for you and for your daughter. Right I’m only a parent not a professional so I would suggest you talk to someone who can advise you. Ideally you need an independent consultant social worker see if you can find one locally your daughter also needs an independent advocate they’re called Independent Mental capacity advocates check some out where you live. If your stuck for an independent consultant social worker my consultant is happy to advise you but if she did work for you then there would be costs involved so that has to be your decision. Good luck I do hope you can find the people to help you.

[SpeedyH]

It is important to know that Deputyship does not give you the right to make important decisions about your daughter in isolation. Every decision taken has to be in her ‘best interests’ and involve all the people in her care. If, for example, you have Deputyship and social care don’t agree with you they can quickly go to the Court of Protection for a ruling on the matter. Also, social care have to be informed of an application for Deputyship and the Court will ask them for their views on your suitability. You could phone the Court of Protection helpline for advice, or contact a solicitor specialising in this area of law but it might be that they will advise that your chances are slim if you have been involved in Safeguarding action with your daughter.

[Pogul44]

Hi again White25,

The following is an extract from this weblink:

publicguardian.blog.gov.uk/...

When would you need to apply to become a deputy?

You can apply to become someone’s deputy if they do not have a Lasting power of attorney in place and they ‘lack mental capacity’ which means they cannot make a decision for themselves at the time it needs to be made. This could be due to a long-term illness or an unexpected injury.

Therefore the first question is: Does your daughter lack mental capacity?

From your replies to other people that have posted it seems your situation is complicated by decisions that have already been made for your daughter by professionals which may impact your ability to help her effectively. I therefore think it advisable for you to seek more formal advice as you can discuss the specifics with them about the situation on her being removed and what has led to the current situation. It seems odd they removed her from your care but after 4 years of her being in there care she seems worse and yet they still blame you.

You can read further information from mencap on challenging decisions on social care at the following weblink.

 mencap.org.uk/advice-and-su...

Mencap walk you through the process on how to challenge a decision and there is loads of useful information and links to other resources at the above link.

In addition mencap offer a helpline service and you can find all the information on how to contact them by phone, email, or contact form at the following link:

mencap.org.uk/advice-and-su...

Who can access the Learning Disability Helpline?

Anyone can contact the Learning Disability Helpline about anything to do with learning disability. We provide information and advice for people with a learning disability, families and carers.

The Learning Disability Helpline also provides information and advice to anyone wanting to know about learning disability issues and services.

I really think that contacting the mencap helpline in the first instance is advisable as they should be able to give you the best information on how to progress in getting care that is in her best interests as 4 years is a long time for such a young person to have been in her situation and what they are doing is obviously not working for her or for you.

Best of luck and please let us know how you get on.