ChatterBank0 min ago
How Would This Situation Be Viewed In The Eyes Of The Law?
I am just curious as to how this situation would be viewed by law and managed (if managed is the right word)
Basically someone I know has a 24 year old daughter with learning disabilities (her mum says she has the mental age of 9)
Her mum told me that there is a man in his 60's who is their neighbour sending the daughter love notes and communicating non verbally with her as he can see in her bedroom window. The daughter insists to the mother that he is her friend/boyfriend and the mother is funing that he is taking advantage. She has told the police but they wont do anything because she is an adult
At first thought/instinct it does seem as though the guy is taking advantage. However by law she is an adult, even though vulnerable are people allowed to stop her engaging with others and having a relationship..
Im curious as to how this would be managed would social services do a risk assessment on her ability to understand and have a relationship? Can people with learning disabilities even be prevented from having relationship as its a human right at the end of the day..
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Yes, Id imagine social workers would do a capacity assessment though even if she is able to consent she could still be more vulnerable than others to being taken advabtage of. On the other hand concluding that someone can't consent would be very restrictive to her life if no one is allowed to have a relationship with her.
Firstly do they have another bedroom she could be in. Secondly I would put curtains or blinds up so she can't be seen. Have her doctor write a detailed letter regarding her disability and mental understanding to give to the police. Contact adult social services or Mencap for advice. Have a solicitor write to the gentleman and threaten a non contact order
I would seek the advice of Social Services. She must have an adult social worker.
The overriding principle is that everyone has capacity until proved otherwise. Just because someone makes decisions that others may not make or acts unwisely does not mean they lack capacity. If she has the capacity, it is irrelevant what others think, she is fully entitled to engage with whomsoever she sees fit.
If she does not have the capacity to consent to such communication, the Court of Protection could be asked to intervene. The CoP can determine what is in a person's best interests if they do not have capacity.
If she does have capacity, the High Court can still be asked to intervene under its inherent jurisdiction to protect vulnerable adults (who may have capacity but are vulnerable), but only if she is in danger.
Good afternoon,
I would suggest that the mother of this young woman speaks to her social worker in the first instance.
Have you seen the notes or is it just the mother referring to them as 'love notes'? They could just be friendly notes, also do you know if the man in question also has learning disabilities?
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