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PR matters for adult child with severe ld - MCA?

(1 Post)
cestlavielife Fri 08-May-15 16:29:54

HI, exp did not have PR for oldest son, now 18, who has severe LDs and lacks capacity. pvs court order gave me residency. I had sole PR. which made life easier.... ds still lives with me as main carer. social worker has tried to get more consistent contact (it is very adhoc) and set up a family group conference, but ex refused to attend. he doesnt communicate with me. contact with ds is very ad hoc, occasionally there will be a text arrangement. not regular or consistent. eg ds last saw him two weeks ago and we dont know when next contact will be....

a situation arose whereby his educational placement very nearly cancelled a planned annual review on the day, literally at 10.30 for a 2 pm meeting - involving various other outside professionals - because exp had called in the morning to say he could not attend and it had to be postponed... they called me to say they "had" to include him as the father now that ds was an adult; as PR no longer applied.

MCA says "Who should be consulted when working out someone’s best
5.49 The Act places a duty on the decision-maker to consult other people
close to a person who lacks capacity, where practical and appropriate,
on decisions affecting the person and what might be in the person’s
best interests. This also applies to those involved in caring for the
person and interested in the person’s welfare. Under section 4(7),
the decision-maker has a duty to take into account the views of the
following people, where it is practical and appropriate to do so:
• anyone the person has previously named as someone they want to
be consulted
• anyone involved in caring for the person
• anyone interested in their welfare (for example, family carers, other
close relatives, or an advocate already working with the person)

so I get their "duty" but surely there is also "where practical and appropriate" ? for all practical purposes i am the sole and main carer and dad is peripheral as he chooses not to have regular contact. he was reminded by sw about teh meeting on 1 May so had time to arrange his life...this meeting date was set in September.

in the end i made a fuss about cancelling (i work full time so it involves a lot of reorganising) and it went ahead - they will meet him separately for his input (such as it might be)

is there an equivalent "PR" status for disabled adult?

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