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Family Challenge Their Local Authority Who Planned To Move Disabled Daughter Away

Irwin Mitchell’s Public Law & Human Rights solicitors has successfully prevented the attempt by the social services department to move 25-year-old Tamsin, who has been diagnosed with moderate learning difficulties, epilepsy, mild cerebral palsy and autism, away from her family.

The local authority social services department were about to move Tamsin from her home, which was close to her family in the small town where she grew up, and place her in a residential setting in a city some 30 miles away.

Background

She has successfully lived in the community, with a high level of support, since the age of 18. Her family increasingly became concerned with the social services, particularly in their response claiming that Tamsin’s parents were not acting in her ‘best interests’ and they decided that she would be better placed in a residential facility away from the influence of her family.

Tamsin’s family strongly opposed any such move, as she was thriving in her current accommodation.
She had always lived close to her family, and the thought of moving caused her a great deal of distress and confusion.

Reassurances From Our Public Law & Human Rights Team

Irwin Mitchell’s Public Law & Human Rights team reassured Tamsin’s family that social services could not move Tamsin without first obtaining an order from the Court of Protection. Social services were also approached in response to their failure to meet Tamsin’s community care needs and in respect of the unfair and inappropriate treatment which Tamsin and her family had been subjected to.

As a result of Irwin Mitchell’s input, social services dropped their plans to move Tamsin away from her family and she continues to live in the community, where she enjoys the love and support of her close family.

Commenting on his experiences, Tamsin’s father said: "Eighteen months ago, the local authority tried to place my daughter into residential care, which I opposed as she was doing so well where she was.

"I contacted Irwin Mitchell, who took on the case and reassured me that no one could remove my daughter from where she lived without first going to court, and that’s when the long, hard battle began.

"The good news is that my daughter is still living in the community and the local authority is no longer trying to place her in a residential home. This is thanks to the expertise of Irwin Mitchell who prepared such a good case on behalf of my daughter."

For expert advice on matters relating to mental capacity and the Court of Protection, please contact Mathieu Culverhouse of Irwin Mitchell's Public Law & Human Rights team on 0370 1500 100 or complete our enquiry form.

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