Hi everyone,
My daughter is 15 and I am beginning to look ahead to what steps I need to take for her turning 16. I will need guardianship so have been researching this etc.
I have never used any services for her as a child. Her additional support need school are great and she goes to a club there.
I'm really unsure where to start with her becoming an adult in January. It seems a minefield when I Google.
What are the priorities for her aside from guardianship. Thank you.
Does she have mental capacity ? And you’re right it is a minefield.
No, she is very child-like and will not be capable of taking care of herself.
My daughter and I are deputies for my son for health and well being and property and finance. I would strongly advise you get these you can complete the forms online on the gov.uk website. You will realise children’s services and completely different sadly to adult services. Do you want your daughter to stay at home or to go into a provision of some kind ?. Such a hard decision but sometimes how they are makes the decision for you or that was our situation as a family. Let us know what you are looking for and then we can help advise where you can go to get that support and help.
My son is 20. In my experience, the local authority were utterly negligent and ignored their responsibilities, and when finally I induced the social worker to act and to come and assess his needs she delayed coming up with a care plan and finally drew up a care plan that was inadequate and didn’t match his genuine needs but instead was designed to match what the local authority found convenient.
I was going to seek deputyship via the Court of Protection but missed the deadline and still haven’t done so. Our son has quite a significant intellectual disability, but we reckon he does have mental capacity to give lasting power of attorney to a person of his choice. We are planning to follow that route instead of the deputyship.
Advice:
From 16, you can apply for deputyship either for “property and finance” or “health and welfare” or both. The fees are waived for a subject who is under 18, and the process is time-consuming. So that’s definitely a good idea if you can get that started.
From 16, she’s entitled to apply for Universal Credit. She may already be getting Disability Living Allowance. At 16 that switches to Personal Independence Payment. You can apply to become her appointee for the purpose of claiming benefits and controlling that money. That means you fill in the application forms and you choose how the benefits are spent. You have to ensure everything is done in your daughter’s best interest. It’s worth getting advice on filling in the application form for PIP.
Regarding help from social services, the way I got our assessment in the end was to write an email to the duty social worker for the 0-25 team and demand an assessment citing the relevant legislation which is Section 58 of the Care Act of 2014 which says that if a child appears to be someone who will require support from adult services then the local authority has a legal obligation to assess their needs in preparation for this. I do recommend you cite that legislation and be prepared to chase, nag and be very assertive about what your daughter will need. You know her better than anyone. You understand the possible pitfalls should she move into independent living without support: “cuckooing” is one (criminals making “friends” with her and taking over her space and stealing her stuff) and poor self-care would be another; poor time management so she might find it hard to get to class on time or to get household chores done.
Here’s a link for the Care Act
Hi, are you in Scotland or England. Processes differ depending on which country you are in.
Hi When your daughter turns 16 she will invited to apply for PIP AND UC .
PIP is a points based form only requiring 12 points for enhanced rate usually very
Easily achieved by someone with learning disability and the mobility also needs just 12 points. A lot of children who were not getting mobility via DLA usually eligible under PIP. Good source of info. Benefits and work website. And a bible of knowledge Disability Rights Handbook about £20 updated every year.
Is your Daughter staying a school until 18 or is she going to a college to do a course like skills for living which is her choice I don’t think adult social services will take over until she out of education.Then every thing about help from social services depends on the degree of disability severe,substantial or moderate and what county or city. Is there mencap or carers group for learning disabilities with older carers with a wealth of knowledge to pass down to you nearby .
You said you were going to apply for guardianship why at this stage?.
you are her appointee for DLA it does not have to change for PIP OR UC these benefits can still go into you account .if you are are a deputy under guardianship you are required to fully account for the spending and submit yearly audit to the court of protection with regardto her health and well-being everything you have been doing for the last 15 years carries on in her best interests and will find doctors and all health services and social services use the best interest when dealing wit( her as a adult with you at side.
The transition from child to adult is difficult getting advise from people who have been through it is very important
My son has been badly let down by Adult services 
Guardianship or lpa 
Collaborative Oppression by Care provider and Social Services 
