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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are fighting our local social services about the right of

Customer Question

We are fighting our local social services about the right of our learning disabled son to remain in the property where he has lived all his life (41) years. If a lift were installed in the property it would be suitable for him. However our LA are determined to move him to another property which we consider will not meet his long term needs. He will be wheelchair bound in the next few years and the property is very small. They are in the process of calling a best interest meeting and have compiled a report. However this report has been cobbled together from the reports of various professionals taking out the points which would appear to be in the family's favour. We have requested access to the documents which have been used to compile this report but have been told that because our son lacks capacity a mental capacity assessment needs to be done to see if we, his family can have access to these reports. A mental capacity assessment has already been done so I see no reason why another needs to be done. My son's sisters have been appointed his deputies with the court of protection. Do the LA have the right to withhold these documents from his family?
Submitted: 4 years ago.
Category: Law
Expert:  Nicola-mod replied 4 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

Thank you for your reply. We are happy to wait a little longer.


Many thanks

Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  UKSolicitorJA replied 4 years ago.

Sorry to hear about the problems the family is having with the LA.

If it is clear that your son does not have mental capacity as shown by the previous assessment and the fact that the court of protection has appointed your son's sisters as his deputies, the local authority should disclose the documents to the family as requested and stop hiding under data protection laws.

I am not sure why the local authority is insisting on a second assessment when one has already been carried out. It does seem that they are determined to move your son to the other smaller property, which is really not fair given the fact that your son has lived in the current property for so long and installation of a lift would solve the problem.

Perhaps an application should be made to the court of protection about getting the documents released to the family and determining whether your son should be moved to the other property or not. From what you say, it does seem in his best interests to continue living at the current property.

Hope this helps and good luck

Expert:  UKSolicitorJA replied 4 years ago.