Health & Welfare Deputyship Applications For Disabled Children Over 16

Changes to your role as decision maker when your disabled child turns 16

As a parent of a child with learning or cognitive disabilities, you will have undoubtedly negotiated directly with schools, the Local Authority and the NHS about to your child’s education, care and treatment.

But as your child approaches adulthood at 16, Education, Health and Social Care services may refuse to deal with you or provide information about your child’s education, health and care needs and provision.

They may have also begun to make decisions about your child’s social care, education, Continuing Healthcare and housing, which you do not believe are in your child’s best interests.

Young people who lack mental capacity to make decisions regarding their education, health and care are particularly vulnerable at this time.

What you can do

An application for Health and Welfare Deputyship to the Court of Protection can be a valuable source of decision making authority when your child transitions from children’s to adult social care.

As a Health and Welfare Deputy, you will be able to continue making decisions about care and treatment on your child’s behalf. Health Social Services and Education departments will have to involve you at the planning stage in order to ensure they meet your child’s needs.

Making a Health and Welfare Deputy application

Our specialist Community Care and Education Law team will assist you in answering important questions during this process, such as:

• Does your child lack mental capacity in relation to their care and treatment? Is further medical evidence required?
• Is there a dispute about what is in your child’s best interests and if so, how can this be resolved?
• Is a Deputyship application necessary?
• Is a one-off application to the Court of Protection for a decision on best interests more appropriate?
• What decisions would a Deputyship order cover?
• What decisions are outside the scope of the Deputy’s powers?
• What are the Deputy’s duties?
• Who should be consulted about the making of the Deputyship order?
• Who should be informed about the Deputyship after it is granted?

Transitioning from children’s services to adult social care can be a stressful time for families, particularly if your child is also moving on to further education, training or other day provision.

Our Community Care and Education Law team can assist you in making this application to the Court of Protection.

For legal advice on how to ensure your child gets the care they deserve as they approach adult status, contact us today on 01273 609911, or email info@ms-solicitors.co.uk to find out more.