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Helen Hill
Helen Hill, Lawyer
Category: Law
Satisfied Customers: 316
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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Could anyone give me advice on a court of protection matter?

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Hi, could anyone give me advice on a court of protection matter? The council are applying for financial deputyship for my 21 year old son.
JA: Where are you? It matters because laws vary by location.
Customer: I’m in staffordshire but West Sussex are making the application
JA: What steps have you taken so far?
Customer: May wife has just received notification from the council with a COP15 form attached. Which is weird as my wife is step-mum and they usually exclude her from everything and only talk to me!
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son Ben is severely autistic - we had to put him into full time care 6 years ago with 52 week placement at a specialist school (many problems that we had to overcome and fighting with the council to changes of school. When he left school we had to fight hard to get him into the right placement where he currently resides. The council want to move home to a provider that will charge half as much as the current provider. I receive his DLA and ESA and transfer money to the providers as requested. West Sussex have taken information from me for three financial assements over the past 20 months. They are billing him for a contribution for his care to which I disagree and am trying to question it. When he went to this placement they sent me paperwork to sign for liability to these fees but I changed the wording to read that we do t agree to any fees. I think that this is why they are doing it.

Thank you for your question. I am very sorry to hear of your circumstances. I am a Court of Protection specialist so I will be able to assist.

You are correct that this is probably the reason they are applying for an order, so that they can stipulate where he lives rather than having to discuss this with yourself. What you have received is part of the compulsory notice process that the council have to go through when making an application to the Court. This process gives you an opportunity to object and to advise the Court on your reasons for the objection. If you complete the form and send it back to them they will no doubt make further enquiries before granting or denying the order which could even result in a hearing so that you have an opportunity to put your objections forward directly to the Court.

I hope this information is useful.

Customer: replied 5 months ago.
Hi Helen, thank you for getting back to me. Does county need to send the same documents to myself also? I’m not sure why they sent them only to my wife. Am I able to get access to any information that they put into their application to the court? If would be most useful to see what reasons they give for the application, but I know nothing of the processes.Thank you for your time and kind response.Kindest regardsAlan
Customer: replied 5 months ago.
Hi Helen, as we thought, just received notification that social services are going to move my son to another provider, but I have spoken to the current provider (whom I trust implicitly) and they are saying that the reasons are a complete fabrication of lies.Can you give me some advice on how I could hold up the proceedings or stop it all together? I don’t have enough spare finances to apply for a deputyship on his welfare so am at a bit of a loss :(

The best thing for you to do is to object to the application that the council have made using the forms that your wife has received. They have also followed the incorrect process as you should definitely have received these notice forms rather than your wife. You should include this in your response. Also, in your objection you can detail the reasons you wish to object, specifically to them moving him to alternative accommodation, and the Court will then consider these objections when they are making a decision.

Customer: replied 5 months ago.
Thanks Helen, I forgot to mention that they are looking to move him on the 8th of July, is this enough time?
Customer: replied 5 months ago.
Sorry I should have said Will there be enough time ?

If you submit the objection immediately then the Court will review it straight away. Ensure that you put this date on the form so that they are aware of the timescale.

Customer: replied 5 months ago.
Awesome, can’t tell you how much I appreciate your help. If you don’t mind me asking, but, should t they have had a decision makers meeting for this move?
Customer: replied 5 months ago.
That’s the last question - I know your time is valuable ��

I should imagine this is why they have made the application to the Court, so that the Court authorises them to make the decision without having to refer to anyone else. Having a best interests meeting is not actually a statutory requirement.

Customer: replied 5 months ago.
Thank you, you’re a star :)

You are most welcome. I'd be very grateful if you could give me a rating as this is how I am recognised for the help I provide.

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