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Jo C.
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Completing N244 to Object - Set Aside to an Order Requiring

Customer Question

Completing N244 to Object - Set Aside to an Order Requiring Adam to act for himself or provide proof under Mental Capacity Act.
Assessed with Asperger's Syndrome Disorder. DLA Granted
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you would like to know about this please?

JACUSTOMER-z4tx3c7u- :

Hi Alex,

JACUSTOMER-z4tx3c7u- :

I have to reply to day as the Order dated 14/02/14.

JACUSTOMER-z4tx3c7u- :

Need best wording to have Order set aside.

JACUSTOMER-z4tx3c7u- :

Adam is diagnosed as having Asperger's Syndrome Disorder. The Order requires Adam to provide absence of competence

JACUSTOMER-z4tx3c7u- :

under the Mental Health Act or act for himself unless I can have the Order Set Aside with this Application.

JACUSTOMER-z4tx3c7u- :

Asperger's was enough for the Home Sec to stop the Americans from extraditing. Is it enough to warrant honouring his request

JACUSTOMER-z4tx3c7u- :

that his parents act for him? The entire process is to delay and confuse issues. City were told by EP Assessment in 20005

JACUSTOMER-z4tx3c7u- :

but we only discovered in 2008. complaint brought proof of delivery of Assessment to City in 2005. All conspirators to deny services to Adam have left City. Failed to obtain legal aid support, so doing it the hard way. Until March 14th for Adam to fill forms

JACUSTOMER-z4tx3c7u- :

I am using covering letter to ex[lain that papers arrived today.

JACUSTOMER-z4tx3c7u- :

Eddie.

Alex Watts :

Does he have any report saying he does not have capacity?

JACUSTOMER-z4tx3c7u- :

No, only Diagnosis ans Assessments - latest 2012 - to obtain 3rd year funding,

Alex Watts :

So on what basis are you trying to set aside the Order requiring him to provide proof or otherwise he can not act?

JACUSTOMER-z4tx3c7u- :

That Asperger's Syndrome denies Adam the ability to respond as needed to meet the conditions in any Court. It was accepted that he could not cope with normal College life. Finding Westminster very difficult. Has not attended this term yet. Quote "Need suitable mentors" Very bright but volatile. Valerie (mum) diagnosed with MS last year, pressure is getting to her

Alex Watts :

But you dont have anything saying he lacks capacity?

JACUSTOMER-z4tx3c7u- :

Relative, If Adam does not engage, nothing to be done, condition driven response. No guarantee that he would get to Court.

Alex Watts :

But you said there is no psychiatric report saying he does not have capacity?

JACUSTOMER-z4tx3c7u- :

Once I could get his feet on the bedroom floor, it was all OK. could not move his legs.

Alex Watts :

But you said there is no psychiatric report saying he does not have capacity?

JACUSTOMER-z4tx3c7u- :

Only that he has Asperger''s Syndrome disorder. Each person is different. Adam is Adam. Had to have Valerie as an anchor during Statutory Assessment, could not engage with EP John Hutchings, No problem with Dr Tanna during diagnostic process..

Alex Watts :

Unless there is a Doctor report saying he does not have capacity then he is deemed that he does.

Alex Watts :

Therefore unless you provide proof then the application will fail.

Alex Watts :

You must get a report saying he does not have capacity

Alex Watts :

If you do not then it will fail.

Alex Watts :

I realise this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z4tx3c7u- :

Can i ask the Court to await proof?

Alex Watts :

Yes you need to make an application for that.

Alex Watts :

Using form n244

Alex Watts :

But you would need to outline why you have not taken steps so far and what steps you have taken now.

JACUSTOMER-z4tx3c7u- :

OK Thank you Alex

JACUSTOMER-z4tx3c7u- :

Eddie

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-z4tx3c7u- :

Are you assuming Adam to be in reasonable health? Physically reasonable, emotionally, unable to attend lectures or meetings since early December '13. is this "health" issue not covered by Common and EU Articles 6 and 8?

Alex Watts :

Article 6 and 8 are prescribed by law. The Court will need to be satisfied that he has capacity to conduct proceedings.

Alex Watts :

He can of course appoint a Solicitor to act on his behalf.

Alex Watts :

But if the court is not satisfied about his capacity then a report can be obtained.

Alex Watts :

But this is, as I have said above to determine whether he has capacity under the Mental Health Act

Alex Watts :

If he does - he will continue to act

Alex Watts :

If he does not - then a litigation friend or official solicitor can be appointed.

Alex Watts :

But just because he is not well does not mean he does not have capcity.

Alex Watts :

Does this clarify matters?

JACUSTOMER-z4tx3c7u- :

failed to obtain legal aided support. Withdawal is recognised as danger for Asperger's. No telling how long it takes to emerge. Will Dr letter be adequate proof to Court? does not Common Law right to have illness considered override procedures?

Alex Watts :

No - you need a proper medical report saying that he does not have capacity

Alex Watts :

No common law does not over rule statue law

Alex Watts :

The Mental Health Act lays out the requirements and you need a proper psychiatric report to confirm that he does not have capacity

Alex Watts :

The court will expect that.

Alex Watts :

I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-z4tx3c7u- :

Did my reply reach you?

Alex Watts :

No I did not see anything else?

Alex Watts :

You need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

The Court will then list the matter for a hearing and if contested make directions for the matter to be heard.

Alex Watts :

Then at the final hearing a Judge will make a decision

Alex Watts :

You are asking for an Order that the decision made to remove you is invalid because they did not follow proper process

Alex Watts :

The Court fee to issue the claim is £175 unless you qualify for fee remission

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I did not get your last reply - no

JACUSTOMER-z4tx3c7u- :

please advise if you believe advice adequate to complete N244 as asked for? You claimed experience, Did I miss something?

Alex Watts :

You want to apply to set aside a previous order requiring Adam to provide proof he does not have capacity, that's right?

Alex Watts :

I said that without any evidence to say that he does not have capacity I think your application would fail.

Alex Watts :

I can give you the wording - but I would like you to be aware I do not think it would succeed without the evidence.

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