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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is 19 years old. She does have a mental illness

Resolved Question:

My daughter is 19 years old. She does have a mental illness so far resistant to treatment. We are not happy about the care she is receiving. We have put a complaint about many incidents in her management and about the poor quality of care provided by the consultant. We requested a change of consultant. We have not yet received a full response to our complaint but we received a preliminary response stating in words:-( If she is assessed to have capacity we will require her consent to provide you with a full and comprehensive response. If she is assessed not to have capacity to provide consent then we will approach Trafford Advocacy Service to consider whether disclosing her medical information to you would be in her best interest.) Few days later, I received a text message from the social worker stating in words:- ( The request for an outpatient consultant change needs to be made by the patient and when they are able to make an informed decision about this. This would also involve a change of the care team). We took our daughter to a private psychiatrist in London who advised that our daughter does not have capacity and does not have insight into her illness. She also advised about two further steps in her management and to refer her to a tertiary centre in London if both steps fail. I have got a copy of the report. Our local service did not make capacity assessment yet despite the fact that she has been under them for more than two years and her condition is dteriorating. At this moment of time, she is in hospital . My questions:- 1: As a father, do I have the legal right to consent and make decisions on behalf of my daughter and for her best interest? 2: Could I get an urgent decision from the court to appoint me as the advocate of my daughter with full legal rights? 3: Am I entitled to receive a full respponse to my complaint? The complaint is mainly about the way she was treated in the ward in a previous admission and about the failure of her consultant to put plans to protect her from predictable and avoidable deterioration. 4: If they refust to refer her to London if she does not respond to treatment, could I ask for that via the court? We have got very strong family bonds and we feel that they are trying to break these down by raising the capacity issue. The family support is essential to the well being of our daughter. Thank you very much for your help. X XXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
To deal with the questions in order
1. No I am afraid that she is legally an adult and you have no right to do so
2. You can apply to the Court of Protection to be appointed as her Deputy
https://www.gov.uk/become-deputy/overview
3. Your daughter is entitled to a full response to all the issues raised
4. If you are her deputy then you can insist on the referral
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you

Sorry I was busy last night and all day today. Just few more questions:-

1: Could the NHS Advocacy Service challange my application to be appointed as deputy to my daughter? could they block this?

2: The issues and concerns were raised by me and not my daughter. Are they legally obliged to write a response to my daughter?

3: Is it essential that she should Not have capacity as a requirement or condition to have my application accepted?

Thanks

M. Gadour

Expert:  Clare replied 2 years ago.
Hi
1. Unlikely - you do not have to tell them you are doing it - you only have to tell your daughter herself
Even if they are aware they have no basis on which to challenge it
2. then they have to respond to you - but not in any details that require personal information relating to your daughter
3. Yes you cannot be a deputy if she has mental capacity
Clare
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