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Rights and Advocacy

Our factsheets, FAQS and templates give valuable information about you and your family members’ legal rights.

Children, young people and adults will be supported to exercise their human rights (which are the same as everyone else’s) to be healthy, full and valued members of their community with respect for their culture, ethnic origin, religion, age, gender, sexuality and disability.  

Our resources listed below give information about your, and your family member’s, legal rights.

Making decisions

If you are worried that you are not being involved in best interests decisions, read our webpage about making decisions:

  • Are you unsure whether your adult relative can make decisions for themselves?
  • Do you want to know what rights you and they have to make decisions?
  • Are you concerned that professionals are making decisions for your adult relative without consulting you?

Making decisions

Deputyship

If you have a family member with severe learning disabilities they may not be able to make all their own decisions e.g. choosing where to live. You may want to gain legal authority to make decisions about money, housing or welfare on their behalf. Read our quick read guide on getting legal deputyship for property or welfare decisions, with a complete information sheet available to download.

Deputyship

Legal Support

Read our information page about how to get legal advice and/or a solicitor:

  • Do you need legal advice on behalf of a family member who has a learning disability?
  • Are you unsure how to get a solicitor?

Legal support

Legal resources directory

The legal resources directory is a practical resource designed to help you get the information you need about the law and rights, covering a range of topics, including SEN, social care, carers’ rights, finance, healthcare, mental health, mental capacity, Equality Act and human rights.

Legal resources directory

Other resources

Keeping in Touch with Home

It is a human right to have a family life and correspondence. The Keeping in Touch with Home report explains the importance of keeping in contact with family members for children and young people with a severe learning disability, and gives guidance on how this can be achieved in residential settings.

Read or download the report: Keeping in Touch with Home

Get a hard copy of Keeping in Touch with Home

 

Mental Capacity Act Template Letters

If you’re concerned that you are not being involved in decisions affecting your family member, view our template letters which are designed to help you challenge this.

Mental Capacity Act Template Letters

Meeting the Challenge Legal FAQ: Frequently asked questions about the law

One of the ‘Meeting the Challenge’ guides produced by the Challenging Behaviour Foundation, alongside Mencap and Respond. This factsheet will provide you with information about your family member’s legal rights in relation to social care and health provision and how to exercise these rights.

Meeting the Challenge Legal FAQ

Meeting the Challenge Guide 7: How do my family member’s rights change as they become an adult?

One of the ‘Meeting the Challenge’ guides produced by the Challenging Behaviour Foundation, alongside Mencap and Respond. This factsheet will provide you with information about some of the main changes that will occur when your son/daughter moves from childhood to adulthood.

Meeting the Challenge Guide 7

A Guide for Advocates

A very practical tool from the CBF for both professional advocates and family carers advocating on behalf of their family member. This resource aims to provide a practical tool for advocates in supporting a person with behaviour described as challenging, to enable them to exercise their rights to the same life opportunities as everyone else.

Find out more and order a copy in our shop

Advocacy – Supporting organisations

Organisations that offer support to family carers to advocate for their relatives with learning disabilities living in the community or in inpatient units.

This information sheet contains a list of organisations which offer support to family carers to advocate for their relatives. The information was compiled by the CBF and funded by NHSE as part of the NHSE review of advocacy provision for people with learning disabilities and/or who are autistic or have been inpatients in mental health services.

Advocacy – Supporting organisations

Other useful related information

Legal resources directory

Legal resources directory

The legal resources directory is a practical resource designed to help you get the information you need about the law and rights, covering a range of topics.

Deputyship

Deputyship

Getting legal Deputyship for property or welfare decisions. Quick read guide with a complete information sheet available to download.