Hello, my son has complex learning disability and is non verbal. He has his own flat alongside 9 other people with a diverse range of needs. He has his own motability vehicle and enjoys going out for a meal or just for a ride out. One of his neighbours and their support worker often goes with him and contributes towards petrol. The care provider has now said that my son can no longer allow anyone else to go in his vehicle because he cannot consent due to being non verbal. My son and his neighbour get on very well and enjoy each others company. I feel that after going out with each other in my son’s car for several years, this is a petty decision. I would be interested to hear anyone’s views on this.
as Paul’s mum you are his consultee under the terms of the Mental Capacity Act. You ( and others) can make decisions in his Best Interests. Wouldn’t sharing car rides come under this ?
Hi Odyssey’s mum, thank you so much for your reply. I had thought of a best interest decision but wasn’t really sure if I could instigate it. My son’s care provider always seems to be on the defensive so it would help my conversation with them if I can refer the act. Does there need to be a certain number of people available to make the best interest decision?
Paul’s mum
I would point out to them that the Care Act outlines ‘developing and maintaining family and/or other personal relationships.’ This is clearly an ongoing personal relationship.
I’m wondering who drives the car for your son? Has does the care provider gain consent for the driver ?
Thank you for pointing this out to me. My son has been in supported living for over 20 years. During that time he’s had a number of staff who have driven his cars. For the past 4/5 years he’s had 4 regular support staff, all of whom drive my son’s car. I think he has an open insurance policy which was arranged with motability when he got his first vehicle when he moved out of the family home but I need to confirm this with them and the care provider. I really appreciate you taking the time to give me this information.
Paul’s mum
I have heard of other people having a similar issue. If they still disagree you can ask adult services to have an IMCA appointed. (Independent Mental Capacity Advocate) I know the feeling … everything is fine for ages, then suddenly it’s not.
All the best, Dreenagh ( I am rarely addressed by that, it’s always ‘Odyssey’s mum:) )
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