Continue Parental Responsibility Automatically when disabled children turn 18

Change the law to automatically allow parents or carers to retain parental responsibility when their disabled child turns 18, if the child lacks capacity and remains in the parent’s care. We think this would remove the need for costly and unnecessary applications to the Court of Protection.

We think parents of disabled children should not be forced to spend thousands of pounds and go through a stressful court process just to continue caring for their child after they turn 18. If a young person lacks capacity and still lives under their parent’s care, their parent should automatically be allowed to advocate, attend appointments and make best-interest decisions. We feel the current system is outdated, discriminatory and creates unnecessary trauma. We think a simple legal amendment could give peace of mind to thousands of families and reduce the pressure on already overstretched services.

At present, the Government has no plans to introduce legislation that would allow parental responsibility to continue from age 18 for disabled adults.

Adults who lack mental capacity are entitled to the same choices and opportunities as the rest of the adult population. The Mental Capacity Act 2005, which applies from age 16, extends the freedoms of adulthood to adults who lack mental capacity.

Both the Mental Capacity Act 2005 and the Court of Protection uphold the fundamental right of the person who lacks mental capacity to make decisions, however limited that decision making ability may be. The court is obliged to consider that person’s ascertainable wishes and feelings, so far as they are able to express them. This empowers the person who lacks capacity and provides an important check, in case other adults, including a parent, are making a decision that is not in the person’s best interests.

It is right that applications should be made to the court for an adult to be authorised to make decisions on behalf an adult who lacks mental capacity, and that the law should require those decisions to be made in their best interests to protect all people who lack mental capacity from fraud, scams and abuse.

The Court of Protection application process and forms are designed to ensure that they comply with the Mental Capacity Act and provide the court with sufficient information to make the right decision in the first instance and prevent the need to make further applications to the court.

An online application process has been introduced to make it easier to make an application. Applications can be made in advance of someone reaching 18.