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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7551
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My 50 year old son lives in a Mencap supported care home

Customer Question

My 50 year old son lives in a Mencap supported care home requiring 24hour care, I'm his Father only surviving parent, I have not been happy with the care that he has been receiving I have challenged recent decisions taken by a newly appointed manager, who has agreed 4months ago to have a Capacity Assessment of my Son, Question: Should I be able to see the assessment also tobe informed how my Son's state benefits that he receives are being used. I am looking into making an Application through courts for protection order can you advise me is this right thing for me to do? Colin
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet because on request to my Son's GP they do not carry out Capacity Assessment as you are aware the document to the court has to be completed with a capacity assessment
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: My Son lives in Hertfordshire and Live in Essex, sorry it takes so long for me to type
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that.'s all thank you
Submitted: 7 months ago.
Category: Law
Expert:  Michael Holly replied 7 months ago.

Good evening

Is the care home that your son is in a private home or one owned by the council?

Does your son have a social worker assigned to him by the local council?

Who receives your son's benefits?

What specifically are your concerns about the care he is receiving?


Customer: replied 7 months ago.
Local Authority is paying for my Son’s care, (the care manager social worker or complaints manager is Social Service) the property is owned by Aldwyck Support Housing Association
My Son’s benefits are paid into his his Building Society account as far as I am aware I am unable to confirm
My son is being put to bed in the evening at 8 o’clock and there are no measures that have been put in place to change him until the next morning or assist him with toilet needs, As a consequence he had Suffered severe harm, I have photos showing his injuries I am most unhappy with the terrible injuries that he has incurred as a result of lack of basic care this is a serious case of negligence at best and a criminal offense at worst.
I have made recommendations However I am told that my son makes the decision what time he is put to bed.
Expert:  Michael Holly replied 7 months ago.

Thank you.

If your son has mental capacity then the response that he decides when he goes to bed is OK but only as far as it goes.

Mental capacity is presumed and just because a person wishes to make a bad decision that cannot be taken to mean that they do not have mental capacity.

However, he should either be supported in the decision so arrangements are made to change him during the night or a "best interests" decision is made that he should be allowed to go to bed later.

I would make a formal complaint to the council which will take this issue out of the hands of social services. A complaint can usually be made via a council's website.

If there are any further points kindly reply I will be happy to respond.

Otherwise please either accept or rate my answer on the system so I get credit for my time.

Best wishes


Customer: replied 7 months ago.
Hi Michael thank you for your prompt reply I had asked you? Should I be allowed to have a copy of my sons Mental Capacity results carried out by the services also the Disable benefits he receives and how his money is spent?
Regards Colin
Expert:  Michael Holly replied 7 months ago.

Dear Colin

Social services should work with all those people who care about your son including you irrespective of whether you have an official capacity such as being his attorney or deputy. However, if your son is deemed to have mental capacity to manage his finances whether you are provided with certain information is up to him.

If he does not have mental capacity to manage his finances I would expect you to be provided with the information you are seeking.

Best regards


Customer: replied 7 months ago.
Dear ***** Thank you for your advice Regards Colin
Expert:  Michael Holly replied 7 months ago.

You are welcome