Moving Home At 18 Years Old, But How Is This Decision Made For A Disabled Young Adult?

As with many parents of disabled young adults when the time comes to decide to move home, the decision can at times be harder for the family. Katie Price opened up on a documentary last night on BBC One about this crucially important time for her son, Harvey.

The well-known TV personality is raising some much needed awareness on this deeply personal stage in her family’s lives. Despite many controversial reports in the media surrounding her own career and personal life, Katie has always been a proud mother and the choices needing to be made for her son reflect that of many parents who are in the same, or a similar, position as she is.

Making decisions for a disabled young adult

Initially, when you are considering a move for a disabled young adult their views and wishes should always be paramount and including them in reviewing and considering their options is vital. A diagnosis of an impairment to the brain or mind can mean that the individual is unable to make the important decision themselves.

There is a presumption of capacity under the Mental Capacity Act 2005 (MCA 2005) and should anyone wish to make a best interest decision on behalf of another they must first displace this presumption. To do this, an assessment of capacity must take place, which is a two stage test:

1. Does the person have an impairment of their mind or brain?
2. Does the impairment mean the person is unable to make a specific decision when they need to?

If the disabled young adult is assessed as lacking the mental capacity to make decisions, the option is then to make a best interest decision on their behalf.

What is a best interest decision?

A best interest is a statutory principle set out in section 4 of the MCA 2005 which states that:

“any act done, or decision made, under this Act or on behalf of a persons who lacks capacity must be done, or made, in his best interests.”

To enable another person (or body such as a Local Authority) to make a best interest decision on someone else’s behalf the individual must lack the capacity to make this decision and the decision-maker must have authority to make the decision.

In practical terms, welfare decisions (such as those surrounding residence) are made collaboratively by those involved with the individuals care. This will include family members, social services and an independent decision-maker can be appointed to represent the vulnerable adult at any best interest decision meeting.

Where there is a dispute as to where a person’s best interests lie, the only place to get an authoritative determination of where those best interests lie is in the Court of Protection.