Scenario: Safe Environment for an Adult with Learning Difficulties

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The Court of Protection deals with decision-making under the Mental Health Act 1983 and the Mental Capacity Act 2005. In particular, there are varying circumstances, including but not limited to financial affairs and personal welfare, where a Court of Protection solicitor may be needed.

We will cover a number of blog examples in the next few months, covering in detail when a Court of Protection solicitor is of aid. 

Starting off with this article, we are going to look at a brief example of when a Court of Protection solicitor is required, indicating the need for seeking legal help. Specifically, we are sharing a scenario of when social workers get involved, amid not believing that a family is making the best decisions for a person in question. In specific, we will be answering: what happens when the parents want to take an adult with learning difficulties back home after being moved to a care home by social workers.


A young adult with learning difficulties, who is known to be vulnerable, has been in contact with social workers because his parents are argumentative and the overall home environment is potentially toxic.

At this point, after gathering the initial information, the social workers are concerned that the home is not fit for the young adult with learning difficulties. So, they have attempted to safeguard the vulnerable individual and have placed him into a care home. 

In reaction, the parents argue that the adult should be released back to them for 2 reasons. 

  • They feel, and hence argue that the care home is isolating for the vulnerable person and can be detrimental to his health, being around unfamiliar people. And,
  • To reply to the initial concerns of the social workers of creating a toxic environment, the parents argue that they have changed their behaviour and put structures in place to improve their relationship and feel that their family home is now the right place for the adult.

At this point, the social workers can refer to the Court of Protection solicitors to take this case to the court and settle the question of whether the parents have created the right environment for the adult, working through the social care and safeguarding system, and answering whether or not the adult should be moved back to his parents’ house.

How We Can Help

At Thaliwal & Veja, we only focus on supporting matters concerning mental health. However there are alternative solicitors that we can point towards if your legal needs include other areas, e.g. finance and property matters.

To read more about our services, go to our Court of Protection Solicitors page.

This article has been written in partnership with SEO Agency London – Marketing Voice.