P’s Personal Welfare Deputyship Order Case – Background
Our client, P, is a young adult with significant and complex care needs resulting from a lifelong neurological condition. P has been unable to make decisions relating to his own health and welfare due to his cognitive impairments. He was residing in a residential care facility where various concerns had been raised over time.
Challenges Involving Neglect & Other Failings
While residing at the facility, P experienced episodes of abuse and neglect, as well as multiple failings in the provision of healthcare. Despite complaints raised by P’s family, their involvement in P’s welfare decisions was limited due to the absence of legal authority. The family had serious concerns that decisions being made by the facility and other professionals were not consistently in P’s best interests. There were also regular and ongoing decisions needed around P’s care, medical treatment, and living arrangements.
Our Approach to P’s Personal Welfare Deputyship Order
Recognising the need for a stable, long-term solution, we supported the family in applying for a Personal Welfare Deputyship Order. We prepared a robust COP24 witness statement, outlining why this case warranted a departure from the usual position under the Mental Capacity Act 2005 (which is that such deputyships should not be granted unless absolutely necessary). We demonstrated not only the depth of P’s needs but the repeated failings of the care setting and the risks to P if decisions continued to be made without family oversight.
Case Outcome
The Court agreed that this was an exceptional case. The Personal Welfare Deputyship Order was granted, enabling the applicants to take a proactive role in all future decisions about P’s medical treatment and care. The Court recognised that it would be disproportionate and impractical to require fresh applications each time a new decision arose. This result gave P’s family the legal authority they needed to protect him and ensure his needs were met moving forward.
