Family Law Week: Court finds local authority in ‘blatant disregard’ of Mental Capacity Act processes

the local authority target parents and children who have disabillities but let me tell u something have disabillities does not mean ur mental or incapable of parenting ur children

Parents Rights Blog

InSomerset v MK (Deprivation of Liberty: Best Interests Decisions: Conduct of a Local Authority)[2014] EWCOP B25, HHJ Marston has ordered that P, a 19 year old woman who was being accommodated as a respite for her mother, who cared for her, should be returned to her family after the local authority had sought to have her retained in the placement. The judge said that there had been a ‘blatant disregard of the process of the MCA and a failure to respect the rights of both P and her family under the ECHR’.

P had severe learning disabilities and autism spectrum disorder. She lacked verbal capacity and communication was through gestures and pictures. She lived within her family and attended a specialist school.

In May 2013, she presented at school with extremely challenging behaviour and distress to such an extent that she was returned home. The next day, the mother noticed…

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