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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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I need to Know if the mother has got guardianship then can

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I need to Know if the mother has got guardianship then can she apply for Deputyship for welfare for her 39 years old son to live with her.

If she is a deputy for her son, then she would be able to decide where he lives.

 

I would suggest, however, that you may in fact be asking the wrong questions here.

 

You said that the son was removed from the mother's care by social services, which would imply that they did not think he was being adequately cared for. If that is the case, you will need to be a bit more specific about the background before asking whether the mother will be able to get her son back into her care.

Customer: replied 11 days ago.
Son was living next door of her mother house and he used wheelchair . One day he fell down from the wheel chair and was injured his finger. When he was taken to the hospital he said that his had a fight with his brother. Later on police arrested his brother but couldn’t find any proof and released him with no charge. But LA took him under their care. His house has been taken over by the housing association, now he wants to come back and live with his mother and siblings.
Mother got Gurdianship. She tried to convince LA and she has got supervised contact order. LA did not provide any proof of court order for contact order. Son keep telling mother that he wants to come home.
Please advise which procedure mother needs to follow to bring him home.
Customer: replied 11 days ago.
Please reply

Just a reminder that this is not a live chat service - it is an email service. Once you have given your response, it may take me some time to respond to it, depending on whether I am online or not. There is no need to ask for a response immediately after you have posted further information. Thank you.

Customer: replied 11 days ago.
Ok, I will wait for your response

There is clearly a lot going on, including what the local authority see as safeguarding issues, so if the mother applies to court for deputyship, then the court will consider her application, whether she is suitable, and will obviously also hear information from the local authority. The court will make the decision.

 

I already provided the relevant link to the information on deputyship and the application forms, but have re-posted them here for your convenience. https://www.gov.uk/become-deputy/apply-deputy

Customer: replied 11 days ago.
Thanks for your reply.

I think the mother may be better off asking the local authority what she needs to do in order to reduce their concerns about her care of her son.

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Customer: replied 11 days ago.
She had tried in so many ways to contact with the LA even though via the solicitor but LA has told them that the son wishes to stay with them which contradict with the mothers versus that son has told her that he wants to come back home and stay with his siblings.
Solicitors has tried MIAM but didn’t work.
That’s why mother wants to go to the court to bring her son back.
Could you please tell me if she apply for welfare deputyship whether court would be in her favour.
Bear in mind that she has been granted LPA , Would court ask for anything else.
Please reply because things are really complicated.

I have no possession of any of the facts in this case, so it would be impossible for me to state whether or not the mother would be successful in an application to the court.

 

I would strongly suggest she seeks the advice of a solicitor specialised in adult care cases. She can find an appropriate solicitor in her area here, by adding in her postcode to reduce the number of solicitors: https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUMCP&LegalIssue=LILPH&Language=

Customer: replied 10 days ago.
Can the mother bring judicial review claim against local authority?
Customer: replied 10 days ago.
Please reply

That's a new question, please post it as such. Thank you.