Deputyships

What happens when a child with special educational needs reaches 18? If they lack the capacity to make decisions about their own affairs, it can leave them and you in a difficult position with uncertainty over whether they will get the support they need as an adult.

Once your child reaches 18, you no longer have any legal standing to make decisions for them. This means you do not need to be consulted by anyone dealing with your child. Becoming a Court of Protection deputy means that you will continue to have the same legal right to make decisions for them as you did when they were under 18, meaning no decisions can be made about their affairs without your consent. The Court Order will clearly set out your powers so that whoever you are dealing with, can see you have legal authority to make such decisions.

We can help you apply to become a Court of Protection deputy, allowing you to manage your loved one’s affairs for them. This means you can ensure they have the support and care they need to achieve the best possible quality of life.

Our experienced Court of Protection lawyers can take you through the entire process of becoming a Court of Protection deputy, as well as helping you to manage your responsibilities as a deputy and resolve any disputes relating to your deputyship or the deputyship of another.

Speak to one of our Court of Protection lawyers now by calling 0800 158 4147 or use our dedicated Special Educational Needs contact form and a member of our team will be in touch promptly.

Our Court of Protection deputyship services

We offer compassionate and highly effective legal support to help you with all issues related to Court of Protection deputyship.

Apply to become a Court of Protection deputy

The Mental Capacity Act 2005 defines when a person lacks capacity, whether they are a child or an adult. We can talk you through the requirements and help you consider whether this might apply to your child.

We can then make an application for a Court of Protection Deputyship Order, ensuring all of the right details are covered to allow the application to proceed smoothly and help you secure the deputyship.

There are two types of Court of Protection deputyship you may need to consider:

  • Property and Affairs Deputyship
  • Health and Personal Welfare Deputyship

We can talk you through both options and help you decide the best way forward for your child’s long-term welfare.

Acting as a Court of Protection deputy

We can advise you on all aspects of acting as a Court of Protection deputy for your child, including the appropriateness of an adult placement, dealing with local authorities, handling benefit issues with the Department for Work and Pensions (DWP) and any other financial issues.

Our Court of Protection lawyers can ensure all aspects of your child’s care are appropriately planned for and taken care of, giving them the best quality of life possible.

Court of Protection disputes

Unfortunately those who care for a young person with special educational needs may not always agree on what is best for them. Where there is a Court of Protection Deputyship Order in place and there is a dispute over how the affairs of the young person in question are being handled, it is usually beneficial if these disputes can be resolved as quickly and harmoniously as possible.

We can support you through non-confrontational methods, such as mediation and negotiation, to help everyone involved in the dispute to agree a mutually acceptable outcome. However, where necessary we can support and represent you through court action to achieve an outcome that serves the best interests of the young person at the centre of the dispute.

Why Tayntons Court of Protection lawyers are right for you

Our Court of Protection solicitors have been supporting individuals and families for many years with all issues related to Court of Protection deputyships. We can help you decide if this is most appropriate choice for your loved one and then guide you step-by-step through the entire process, making it as simple and straightforward as possible to ensure your loved one’s interests are protected for the future.

Our Special Educational Needs and Court of Protection departments work closely on these issues, ensuing that children with special education needs can smoothly make the transition to adulthood without the need for any worries about how their affairs will be managed.

We take a sensitive but practical approach, making sure you know what is happening at every stage and are confident about the decisions you make. We shape our service around the individual needs of you and your loved ones, so you have all the support you need.

Get in touch with our Court of Protection solicitors

For help becoming a Court of Protection deputy, or any issues related to Court of Protection deputyship anywhere in the UK, please contact us today by calling 0800 158 4147 or use our dedicated Special Educational Needs contact form for a swift response.

    • Special Educational Needs (SEN) service makes a difference
    • We wanted to thank you as a family and to thank Robert for your help in getting our daughter into the right school.

      Sometimes as you get older we look back on life and the people who helped and made a difference. We will certainly be doing this and your name will always come to mind.

      Once again, thank you so much. We shall tell everyone we meet who is going through what we have been through about you and how amazing you are.

      Our daughter has asked me to write a few lines for her:

      Thank you for helping my mum sort all this out for me. My mum said that if it wasn’t for you we wouldn’t be able to do what we have done. I am truly grateful.

    • Knowledge, work ethic & expertise are exceptional
    • Its a pleasure to supply a testimonial to Tayntons, especially for Robert Love who has been our Educational Lawyer on more than one occasion over the years.

      Without Robert we were literally without hope.

      Robert’s knowledge, work ethic, expertise and commitment are exceptional and we were always kept informed and up to date every step of the way.

      We had very tight deadlines at times and had to collate many reports within these timeframes, Robert was responsible for pulling this all together on more than one occasion in a calm and collective manner.

      Robert always offered support, advise and integrity to some situations that appeared quite dismal at times.

      I would absolutely recommend Tayntons and will no doubt be using them again in the near future for our next battle with the education system. – Mrs C

       

    • Delighted with service from Robert Love
    • We were delighted with the service provided by Robert Love and his team in helping us obtain funding from our Local Authority for a residential placement for our son. Robert has a wealth of knowledge and experience in this area and always offers practical, realistic advice. We were particularly impressed with the work done for us by the barrister Deborah Hay whom Roberts instructs on a regular basis and who is an invaluable asset to his team of advisers – Ms V

    • Considerable help and expertise
    • We have engaged Robert Love to represent us on two separate cases, both with successful and entirely satisfactory outcomes.

      The first occasion was when we were struggling, unsuccessfully, on our own, to obtain an out of county placement for our son William at St Marys School in Bexhill. Our local authority refused to consider any alternatives to their own provision, even though we could see that it was not adequate to meet William’s complex needs.

      Educational law is confusing and bewildering to the average parent, and we were faced with the daunting prospect of taking on our local authority to challenge their recommended ‘in county’ placement. We felt completely overwhelmed, and decided to appoint Robert Love, who had been recommended to us as a solicitor that specialised in educational law and complex cases such as ours. We felt relieved that we now had expert help through the educational minefield, and this relieved at least some of the anxiety.

      How Robert helped us succeed

      Mr. Love was able along with his team of experienced professional experts, to manage our case, through to a successful tribunal. After which William was able to attend St. Marys as a residential student until he was 19, with free door to door transport provided from home to school every weekend. Being able to provide evidence of William’s needs was crucial to winning the case, and due to the diligence and insightfulness of Mr. Love and his team, some of whom were essential witnesses at the tribunal, William was issued with a detailed statement that completely addressed his complex needs, with no abiguity; and the L.A. was then obliged to provide funding to meet those needs.

      St. Marys provides placement to the age of 19, and it became apparent that William needed further education, therapy and life skills training for his future, in order for him to be as independent in his adult life as possible. After much research and after visiting various provisions, we decided that the best place for William would be the National Star college in Cheltenham.

      Again, the L.A. resisted our choice, and expressed their preference to send him to a local placement. Their choice of placement would have been wholly inadequate to meet his complex needs, and worryingly we could see that the L.A. were going to be difficult to deal with again.

      We needed Robert’s help again!

      As we had been so pleased with the way our case had been dealt with on the previous occasion, we decided quite rapidly that we would again engage the services of Robert Love and his team to negotiate on our behalf. With his help we were able to come to an agreement with the L.A. without the need for a tribunal, and William is now a residential student at National Star, with a guaranteed placement for the full three year term.

      Mr. Love has always been extremely helpful, insightful, approachable, and easily contactable by phone. We have always felt that he does his utmost to achieve the best results for us and our son William, who is very happy at his college, and is receiving the proper levels of support that he requires. It is extremely doubtful, in fact I would say it would have been impossible, for us to have achieved either of William’s placements without the considerable help and expertise of Mr. Love, and we would recommended him without hesitation to any parent in a similar, stressful situation.

      Mr and Mrs T

    • Professional and Efficient
    • The service I received was not just professional and efficient but was also dealt with compassion and understanding. – Mrs B

To contact us please call 0800 158 414703330 145451, email info@tayntons.co.uk or use our