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Difficulty with the council

SystemSystem Posts: 415 Scope community team
This discussion was created from comments split from: Hi, my name is angie1671!.


  • angie1671angie1671 Posts: 3Member Listener
    Hi everyone 
    I would like to know if anyone in the group has had difficulty with the council.
    My mother passed away in 2016 i have a sister who has severe learning disabilities and has lived at home all her life.We have always been very close and i want us to live together she is still living in the home she lived in with my mom but it is unsuitable for her needs just like my property.Both property's are council I have been informed by the council's legal team that i have to get a court of protection order for us to be able to move into a suitable property for my sister even though there ot assessment states the property isn't suitable for her and is dangerous it's quite long winded but if anyone has any advice would be glad to hear.Thanks in advance
  • atlas46atlas46 Posts: 827Community champion Pioneering

    The so called legal team, is talking nonesense.

    Tell them to put it in writing to you.

    In the meantime contact your MP, to assist you.

    I would also contact MENCAP, who will also assist you.

    The council is getting two properties, for one, they take my breath away sometimes.

    Bet there is a shortage of council houses in your area.

    Keep us informed.

    Best wishes
  • thespicemanthespiceman Posts: 5,768Community champion Disability Gamechanger
    Hello @angie1671  Understand you have been given good information contact MENCAP . 

    Only advice I do know is that having problems no one is listening or helping.

    Have a look on line for an advocate I know certain organisations have them for a range of problems and issues  Represent people who have learning disabilities or mental illness. Some thing to consider.

    You have your sisters best interests at heart. Yet having some one speaking on your behalf may be useful.

    Hope that might help.

    Take care

  • Jean_OTJean_OT Posts: 532Member Pioneering
    Hi @angie1671 

    Does your sister have mental capacity to understand all the implications of forming a household with you? If not this could be why the local authority is requesting the Court of Protection make a judgement to ensure that what is proposed is in your sisters best interests.

    If your sister has mental capacity (as defined by the Mental Capacity Act 2005, see: https://www.nhs.uk/conditions/social-care-and-support/mental-capacity/ ) to make an informed decision about this herself then the involvement of the Court of Protection wouldn't normally be appropriate or necessary.

    Best Wishes

    Jean Merrilees BSc MRCOT

    You can read more of my posts at: https://community.scope.org.uk/categories/ask-an-occupational-therapist

  • mikehughescqmikehughescq Posts: 3,569Member - under moderation Disability Gamechanger
    atlas46 said:

    The so called legal team, is talking nonesense.

    Tell them to put it in writing to you.

    Possibly not helpful. This reads absolutely like a capacity issue and as such the Council would need to be careful every step of the way.
  • angie1671angie1671 Posts: 3Member Listener
    Thank you all for your help. I got the MP involved and she didn't seem to know what she was doing.The legal team have put it in writing but have stated they need my sister to give up her tenancy she doesn't have one my mom was the tenant.My sister does lack capacity but social services have done a capacity assessment and best intetest and state in it that it would be in my sister's best interest to live with myself to remain in her family unit,cause even whilst my mom was alive i still did everthing i do now i attend all meetings hospital appointments do her shopping make sure her bills are paid take her out nothing had changed with how I care for my sister.I is just increasingly difficult because we don't live it the same house so I'm up and down every day.
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Thanks for sharing this @angie1671- I really hope things move forwards for you and your sister soon. Please do keep us updated and if there's anything we can assist you with, just let us know and we'll do our best to advise.
  • April2018momApril2018mom Posts: 2,616Member - under moderation Disability Gamechanger
    The so called legal advice you are getting is not appropriate. Ask the team to explain things clearly either in writing or verbally to you. Does she lack mental capacity or not? Was a capacity assessment done? Please do keep us updated. Good luck!! Hopefully you’ll find suitable housing for her soon. There are lots of organisations that deal with those with learning disabilities and difficulties of all sorts. It is worth looking online to see what you can find. 
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