A decision of whether somebody needs to move into care is a big decision. If your relative doesn’t have capacity to make their own decision, it should be made in their best interests. Consulting with relevant family members and any professionals already involved with their care is vital. This could include a social worker or health professional. A decision should be made a best interest meeting with minutes and the outcome recorded.

Your relative’s own wishes should also be taken into account.

If it is not appropriate for your relative to attend a best interests meeting then an independent mental capacity advocate should represent his or her views. You should be able to attend the meeting and have a legal adviser present and legal aid may be available. If an agreement cannot be reached an application to the Court of Protection may be required.

Any decision made must be the least restrictive in order to protect them from harm. This could be for example, that a care package is put in place to allow them to remain at home.

At GLC we can help you navigate the process and procedure to ensure you get the best for your relative.

A decision of whether somebody needs to move into residential care is a big decision. If your child or grandchild doesn’t have capacity to make their own decision, it should be made in their best interests. Consulting with professionals already involved with their care is vital. This could include a social worker or health professional. A decision should be made a best interest meeting with minutes and the outcome recorded.

Your child or grandchild’s own wishes should also be taken into account.

If it is not appropriate for your child or grandchild to attend a best interests meeting then an independent mental capacity advocate should represent his or her views. You should be able to attend the meeting and have a legal adviser present and legal aid may be available. If an agreement cannot be reached an application to the Court of Protection may be required.

Any decision made must be the least restrictive in order to protect them from harm. This could be for example, that a care package is put in place to allow them to remain at home.

At GLC we can help you navigate the process and procedure to ensure you get the best for your child or grandchild.

It is against a person’s human rights to deprive them of their liberty (Article 5) except in certain permitted circumstances and if a certain procedure is followed.

Sometimes, it may be necessary to restrict the movement of someone who is elderly or unwell in order to keep them safe from harm. Some people require a substantial package of care in order to meet their needs; which may amount to a deprivation of liberty. If those people are assessed as lacking capacity to consent to the care and treatment they receive then the deprivation of liberty has to be authorised.

If a person is being deprived of their liberty in a hospital or care home, then a local authority or NHS trust can authorise the deprivation.

In other circumstances, such as a person being cared for at home or in supported living, the Court of Protection must authorise the deprivation of a person’s liberty and must review the placement at least once per year.

All deprivations of a person’s liberty must be in that person’s best interests and must be the least restrictive measure in order to meet their needs and keep them safe. Anyone who is the subject of a deprivation of liberty authorisation has a right to challenge the placement.

If you need advice about making a decision on behalf of a relative that doesn’t have capacity, our GLC court of protection team can help.

It is very difficult to predict each individual case. The procedure is as follows:-

The application is made to the Court (grandparents must have made a referral to mediation first and we will help you with that). CAFCASS are appointed by Judges to become involved in cases once an application has been made to the Court. CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS have a really good website that can be found at www.cafcass.gov.uk

A copy of the application is sent to CAFCASS who do some initial background checks both with the police and Social Services. In addition, they may speak to the various people involved in the case including the grandparents and parents. At this stage, CAFCASS would not speak to the grandchildren.

The Court sends back the papers to the grandparents to serve upon the opponent (usually the parents).

The Court give a date (usually one month to six weeks after the date of issuing the application)

The Court hearing is for a “directions appointment”. A lot of people think that the case will be disposed of there and then at Court on this occasion. However, it is the first time that the Judge has heard from both sides and quite often, the Judge will decide that further information is needed before making a final decision.

If the Court orders CAFCASS involvement, CAFCASS will be ordered to prepare a report – the time that it takes varies from area to area although generally, takes about fourteen weeks. If CAFCASS is involved, the case will be adjourned for a period of twelve weeks to fourteen weeks to hear what CAFCASS recommend. As part of their enquiries, CAFCASS are likely to speak to all of the people involved in the case including grandparents and parents. They may also speak to the children although this will very much depend upon the children’s age and understanding.

When the case goes back to Court the Judge will want to know whether or not the parties to the proceedings are all in agreement. If they are, final orders can be made (only if the Judge approves them). If the people involved in the case do not still agree, after the involvement of CAFCASS, as to what should happen with the application, the Court is likely to list the case for a contested hearing.

A contested hearing means that everyone involved in the case will have to give evidence. This means grandparents giving evidence and parents. Both can call witnesses if they choose to do so but again, Judges do not want to clog up too much Court time on hearing from people who may not be able to assist the Court so they should only be used sparingly and wisely. The Judge then decides whether or not the application will be granted and what level of contact should take place. The Judge can ask for the case to be reviewed in a few months to see how the arrangements are going.

It’s our job to guide you through the process and represent you before the Court. We will ensure you understand what is happening every step of the way and do our very best to secure a positive legal outcome for you in the best interests of your grandchild or grandchildren.