By Ruth Mercer
The High Court has decided to discharge a woman with significant care needs from wardship and appoint an independent decision-making representative rather than place decision-making responsibility with a family member.
The woman’s identity is protected. She has a mild intellectual disability and significant medical issues and currently lives in a care home, where independent evidence described her as settled, content and receiving appropriate support.
A court medical visitor concluded that she had very limited capacity to understand, retain and use information when making decisions about her care, treatment and personal welfare. He found that assistance from a co-decision-maker would not be sufficient and recommended appointment of a decision-making representative, or DMR.
An independent solicitor met the woman three times. She expressed affection for her father and said at different stages that she would like to live with him, but also made clear during the most recent meeting that she did not want to leave her present care home. The solicitor considered that she could not reliably express a will or preference about appointment of a DMR.
Her sister asked to be appointed as co-decision-maker for personal welfare matters. She said they were close, spoke daily and that her professional background in social work made her suitable for the role.
Mr Justice Nolan accepted that there was nothing in the legislation automatically disqualifying the sister. However, he was concerned about conflicting accounts of the woman’s wishes, the family history and the possibility that a family appointment could create pressure to change her residence.
The judge stressed that moving from wardship to the new decision-support regime did not mean the woman should leave a placement where she was happy.
He concluded that her interests were best served by discharge from wardship with an independent DMR selected from the statutory panel. The ruling also refused a request aimed at obtaining a second legal-aid certificate for separate representation of the woman.