What on earth does it take to be appointed deputy for health and welfare?

[MontyCat]

If anyone could offer any advice, I would be grateful. After months of deliberation, the Court of Protection has dismissed my application to be appointed deputy for health and welfare for my 28-year old daughter who has significant learning disabilities. This despite the fact that I thought had made a compelling argument based on the awful experiences we had in connection with her placement in supported living. There were clear safeguarding issues, not least the fact that the "care provider" identified by the senior social worker lacked the CQC registration required in order to provide personal care. It has been well documented throughout her life that she needs considerable 'hands-on' support in this area. I have had two formal complaints upheld against the local authority, who were claiming that, in a best interests decision process they (not me) would be the decision maker! My solicitor is advising against appeal, saying it is a lengthy, expensive and rarely successful process. Does anyone have any experience of this please? thank you

[Jofisher]

hi I have deputyship for both I know with mine I had to show that we as a family had all the medical history for my son and we were able to evidence all of this and we knew him better than anyone else and were his only consistent. Staff come and go but family are always there one way or another. You can appeal I’m sure or speak to them so they can explain why you weren’t given it and if you feel their explanation isn’t acceptable I would challenge it. I wish you luck maybe get yourself an independent social worker to support you.

[MontyCat in reply to Jofisher]

Thanks JoFisher. Could I just please ask, did you have to appeal or was deputyship granted on your initial application (for health & welfare)? Also, did you apply yourself or did you have a solicitor?

I'm a little sceptical of social workers (independent or otherwise) but will probably appeal via my solicitor. I am just flabbergasted that the court "justifies" dismissal under the grounds that "a decision of the court is to be preferred to the appointment of a deputy".

[Jofisher in reply to MontyCat]

I didn’t have to appeal no and my consultant social worker is amazing. I can only speak for my own experiences. We’ve had some brilliant social workers over the years I have to say so maybe I’m one of the lucky ones.?

[MontyCat in reply to Jofisher]

Okay, thank you. Always good to hear positive experiences!

[BenjiB]

we’ve not done it yet for our 24 year old son. He currently lives in a residential care placement and so far we’ve not felt that it was necessary. One thing that has put me off is that I know too many parents that haven’t been successful.

These decisions make me so mad though and I thought the Rosa Monckton case was supposed to have made the process easier.

My only advise would be to get a consultant social worker if you’re going to appeal.

[MontyCat in reply to BenjiB]

Thanks for your reply. My solicitor did warn me that the CoP does not usually approve applications for this type of deputy but I have seen several posts on this forum from parents who have succeeded, some of whom felt the process was easy to navigate and did it all themselves. I felt our circumstances made a good case, but apparently not. Having read up on anther ruling by the same JD who read our application, it seems that it all comes down to who you get on the day. Trouble is, many JDs don't live in the real world and I think those that don't are committed to protecting a system that at best is not fit for purpose and at worst is actually corrupt, rather than protecting those for whom they should be acting. I will look into getting a consultant social worker, thanks.

[BenjiB in reply to MontyCat]

The system is insane, literally . We’ve cared for our young people for their whole lives and suddenly they hit 18 and we aren’t deemed suitable.

While we were doing our education tribunal the solicitor asked if we wanted to do deputyship then but our legal costs were already almost £30k and still going do we said no. Luckily our son lives in a place that is amazing and we’re involved in every single decision, given weekly updates and monthly MDT meetings so for now we’re happy not to.

[MontyCat in reply to BenjiB]

It's heartening to hear that some of our ore vulnerable loved ones are receiving the standard of care we would wish for them. I hope things continue to go well for you all.

[BenjiB]

me too. It’s still early days but so far so good. 🙂. Let us know how you get on with the deputyship x