Turning 18 parental rights & social services

Haylzsnailz

My child is currently under children’s disability social care and is moving onto adult social care. They called me today to say that when she turns 18 I lose parental rights. 

As she is very high needs (3 to 1 care) and unable to communicate they may wish to place her in a residential care home as they can’t find agency support with 3 people. 

I’m so annoyed. She is well looked after and well loved. Her needs are met. Can adult social care just take her away? 

They are saying it’s just a possibility as she requires a lot of support. We have looked after her all her life and had very little support from social care.

I understand they will need to apply to the court but will the court remove her just because social care request it? If she is perfectly happy and cared for at home? 

Jimm_Scope

Hi @Haylzsnailz, welcome to the community. I'm sorry to hear about the interaction you've had with adult social care. Did they say or hinted they wanted to move her out of your home or just informing you that the transition to adult care is happening and you'll just no longer be the guardian in regards to her no longer being legally a child?

There are a lot of systems that change at 18, to help both those that need care and parents of children turning 18 who need care Scope has an advice page on transition to adult care. I hope this gives you the needed information to navigate this rather complicated procedure.

If their care is being met well enough at home I cannot reason why they'd take her away. They usually take into account what the new adult wants as well, though you say they are unable to communicate?

It's a long and costly process when it has happened in the past, and from what I've read only done when there is great concern for the new adult.

Haylzsnailz

Thank you much appreciated they basically said that we lose parental rights and has she can’t speak or communicate then we need to be aware that there may be changes made in her interests such as residential care. It’s very worrying. 

Jimm_Scope

They do have to consider potential risks to her, but it's just consideration. Her best interests are still at the heart of what they do, as it is at the heart of what you do for her. They are trying to come at it from a neutral position which means they do have to consider if moving her into care is better. They have to consider all the risks. But that's all it is, consideration. 

Haylzsnailz

Thank you do we have any rights if we disagree? As she is so happy and surrounded by people that love her- her sisters and family members. We have adapted the house for her and built an Extension for a sensory room. Someone said we should apply for some court of protection order before she turns 18. Has anyone done this? 

Jimm_Scope

@Haylzsnailz I am not a lawyer, but from what I've read it goes to court. You'd need to speak to a lawyer ideally to understand all this. You could reach out to your local citizen's advice. There are also carer specific organisations such as Contact. Contact have an FAQ webpage. Since you mentioned a court order I can tell you advice on that particular topic is on that webpage I just linked under the sections "Preparing for adult life" and sub-section "planning for the future". It will give you a bunch of links that I think will all be helpful  for your current situation I think. There is a specific one talking about legal actions that can be taken if you daughter meets the threshold for them.

Hope this all helps, it must be a difficult time. I hope your daughter is doing well.