Families seek court clarity on when children with learning disabilities turn 18
Three families have asked a judge in a specialist court to consider whether parents should still decide what is best when teenagers with learning disabilities become adults.
They have begun litigation in the Court of Protection, where judges consider issues relating to people who lack the mental capacity to make decisions.
Mr Justice Hayden is analysing legal argument at a hearing in London and could give guidance.
Solicitors at law firm Irwin Mitchell are representing the three families and say there is a need for clarity about the interpretation of a code of practice which governs judges’ interpretation of mental capacity legislation.
They say parents have decision-making responsibility for children with learning disabilities but legislation says decisions must be taken “collectively by everyone interested in their welfare” when teenagers turn 18.
Lawyers say relatives can be ignored as a result and the three families argue that it should be commonplace for parents to be given “welfare deputy” status.
Barrister Victoria Butler-Cole QC began outlining arguments on behalf of the three families to Mr Justice Hayden on Monday.
She said there was “currently confusion and a lack of clarity” about what approach judges should take when considering who should make decisions on behalf of “young adults” with learning disabilities; said parents ought not be made welfare deputies in only rare or exceptional cases; and said the wishes of the “incapacitated adult” at the centre of the case should be a significant factor.
The hearing is expected to end later this week.
Families from London, Brighton, East Sussex and Windsor, Berkshire, have launched litigation.
Each has a son or daughter, either in their late teens or twenties, with a learning disability.
Disability rights campaigner Rosa Monckton, of Brighton, who was a friend of the late Diana, Princess of Wales, is one of the parents involved.
She has launched litigation alongside Caroline Hopton, from Windsor, and Lucy and Simon Mottram, from north London.
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