Suzanne lives at home with her mother and gets support from her local authority to help with her personal care. She has a learning disability and lacks capacity to decide where to live.
The local authority think that Suzanne’s needs are increasing and that she should move into supported living. Suzanne’s mother disagrees. She says that Suzanne wants to stay at home with her.
As Suzanne’s mother disagrees, the local authority should apply to the Court of Protection for a decision on whether it is in Suzanne’s best interests to stay at home or move into supported living accommodation. The court must consider Suzanne’s wishes but they may be outweighed by other factors.
But, the Court of Protection can only choose between options that the local authority (or CCG) is prepared to pay for. If they are not prepared to pay for Suzanne’s care at home, which may be more expensive, Suzanne’s mother may need to challenge that decision by:
- the local authority’s complaints process
- the Local Government Ombudsman
- bringing a claim for judicial review.
See our legal pages on challenging health and social care decisions for more information on how to to this.