The mother of a disabled adult is celebrating after successfully challenging his placement in the Court of Protection.

Mrs A’s son suffers from epilepsy and a learning disability which affects his ability to make complex decisions on his own, such as deciding where he lives and the care and treatment that he needs.

For many years, he resided in a supported living placement. He rented a property from a local housing association and received a substantial package of support alongside another resident who lived at the property who also had care needs.

The care package amounted to a deprivation of John’s liberty because he was under continuous supervision and control and was not free to leave his home unaccompanied. During the day there were two carers at the property all the time and there was a waking night carer. John had sensors on his bed to alert staff if he got up during the night, had a fall or a seizure. He required staff to assist him with all his personal care needs.

Nobody disputed that the care package amounted to a deprivation of his liberty. Mrs A acknowledged that the care he received was necessary and proportionate in order to meet his needs.

However, Mrs A did not think that the property was suitable for John. She had made a number of complaints to the care provider as she believed he received a substandard level of care. She complained that the property hadn’t been suitably adapted for her son who needed a wheelchair. She was not happy with the outcome of her complaints.

Mrs A approached Helen Dandridge, solicitor in Ridley & Hall’s Court of Protection team for help.

Helen explains “John’s care package amounted to a deprivation of his liberty, and because the level of his learning disability raised doubts over whether he could consent to these restrictions, this was unlawful unless it had been authorised by the Court. The local authority should have applied to the Court of Protection many years ago for authorisation to deprive John of his liberty. As John’s mother, my client had to be notified of proceedings and I then raised an objection on her behalf that the placement was not in his best interests because it was not the least restrictive option.”

Helen successfully persuaded the local authority to issue proceedings in the Court of Protection.

The Court of Protection can make decisions on behalf of adults who do not have capacity to make their own decision. Expert evidence was obtained which demonstrated John could not decide for himself where he should live as a result of his learning disability.

Because of the complaints that Mrs A had about the property, evidence was also obtained from a physiotherapist and occupational therapist which supported her position that the physical environment, state of disrepair and disregard for maintenance in the property prevented John from reaching his full potential of independence with personal care.

Proceedings have ended with all parties agreeing with Mrs A that the property was not in John’s best interests and he has now moved to a newly built residential care home, purpose built for adults with learning disabilities who may have also physical disabilities.

John’s care package enables him to access a much wider range of activities and provides him with much needed social interaction with his peers, something which Mrs A felt was missing at his previous placement.

Mrs A is overjoyed with the outcome of the proceedings. She said “I cannot thank Helen enough for what she has done for me and my son, she was wonderful! He is so much happier living in his new environment.”

A final comment from Helen:

“Had the local authority complied with their duties to seek court authorisation to deprive John of his liberty when they should have done so, John could have moved a number of years ago. Instead he was left to reside in a wholly unsuitable environment and complaints made by his mother to the care provider were simply ignored.”

If you have an adult relative who is receiving a care package arranged by the local authority and you have concerns about the placement, please call Helen on 0800 8 60 62 65.

Helen Dandridge – Contentious Probate & Court of Protection Solicitor