The local authority doesn’t understand my disabled relative’s religious and cultural needs – what can I do?

Some communities have a large proportion of people who do not speak or read English. Issues relating to mental health, mental capacity and end of life often have cultural taboos attached to them and it is likely that, as a result, many communities are not aware of the provisions of the Mental Capacity Act. Often in black and minority ethnic communities decisions are not made by an individual but by the family unit as a whole. The Mental Capacity Act however is aimed at supporting individuals. At Ridley & Hall we understand the importance of respecting families’ religion and culture and giving sensitive advice about these issues.

The Local Authority wants to move my son from his current residential home and I’m not happy about this; what can I do?

If you are concerned that a new placement will not meet your son’s needs you are entitled to challenge the local authority. A decision about residence is a best interests decision and consulting with others is vital. If it is not appropriate for your son to attend a best interests meeting then an independent mental capacity advocate should represent his views. You are entitled 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.