Department for Constitutional Affairs (was Lord Chancellor’s Department)
MakingDecisions
Helping people who need support to make decisions for
themselves
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What is in this booklet
What it’s all about?
Your right to make decisions
Getting help and support to make
your choice
Decisions you can make
Getting Medical Treatment
Managing your money
When decisions are made for you
Control over your own life: what
you can do
Going to court
Bad things that might happen
Useful organisations
Page 3
Page 6
Page 10
Page 16
Page 19
Page 23
Page 29
Page 34
Page 37
Page 39
Page 43
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A guide for people with a learning difficulty or disability
Making Decisions
What’s it all about?
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This book is about making choices or decisions.
It is for people with learning difficulties aged 18 or
older.
This book is from the Department for Constitutional
Affairs – we used to be called the Lord Chancellor’s
Department.
We are part of the Government.
This book tells you how you can make your own
choices and decisions.
It tells you where to go for help if you need it.
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This book tells you what the
law says now about making
decisions.
If you are not sure about some of the words or
ideas in this book, you can ask a friend or
supporter to help you.
There is a list of people and groups at the back
of this book who can help you with this
information.
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Your right to make decisions
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The law says
· You have the right to make your own decisions
· as long as you can understand the choice you have to make.
This means you have the right to make decisions for
yourself.
Some decisions are can be easy to make, like:
What clothes you like to wear.
What food you want to eat.
What you like to do during the day
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Other decisions can be harder to make. You may need help
and support to make some decisions about things like:
Where you want to live.
How you look after or spend money.
If you want to get a job
If you are ill, what treatment to have to make you better.
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It doesn’t matter how much help or
support you need, you still have the
right to decide for yourself whenever
you can.
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Getting help and support to make your choice
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Getting help and support to make your choice
Everyone needs help to make some decisions.
First you need information. You need to know what you
can choose. You need to know what might happen if you
make a different choice, or if you make no choice at all.
There are lots of different ways you can get information.
Things like:
Reading a leaflet or booklet
Listening to a tape or CD
Listening to a talking book
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Looking at pictures or photographs
Talking to someone
Using sign language
Using communicators
Using a computer
Ask people to give you information in a way that you
understand.
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If you don’t understand something, ask the person to go through
the information again. Or ask for the information in a different
way.
Ask them to use easy words and pictures
You may want to talk things over with someone you know.
Talking it over with people you trust can help you make your
choice. You can find out more and ask other people what they
think.
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Who would you talk to?
Your parents or other members of your family?
Your friends or people you know at work, or at day services?
Your carers or support workers?
Your social worker or key worker?
An advocate?
You might feel that people don’t listen to you. You could get
someone to help you speak up.
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An advocate can help you say how you feel and what you really
want.
Self advocacy groups or support groups can help you think
about things. Being part of a group with other people with
learning difficulties makes it easier to say what you want.
Some advocacy groups are listed at the back!
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Decisions you can make
The next part of the book tells you about choices you can make.
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Decisions you can make
Everyday decisions
Everyday decisions are the sort of choices you make every day.
When you get up in the morning you can choose:
To have a wash, bath or shower
What clothes to wear
What to eat for breakfast
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You should also choose things like:
What you want to do during the day
Do you want to go to day services
Do you want to get a job
People might think you don’t understand enough to make these
choices. Sometimes they think they should make the decision
for you.
But you can make these choices for yourself!
People should help you to make your own choices.
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Getting Medical Treatment
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Getting medical treatment
If you don’t feel well or have an accident, you might
need help from a doctor or nurse.
The doctor or nurse might want to try to find out what’s
wrong
or
they may want to give you something to make you feel
better
Before they do anything they must tell you and ask you
if it’s OK. This is called giving your consent.
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You can say YES or you can say NO.
Before you decide you may need the doctor or nurse to
give you more information about what is going to
happen
·
·
·
·
·
·
What they want to do – the treatment
Why they think it is good for you
What the treatment will feel like
What might go wrong
How much better it will make you
What will happen if you say NO
They should do this in a way that you can understand.
If you need help to make up your mind you could talk it
over with someone you trust. Or ask for more
information.
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Take your time to think about it. The decision is up to
you and no one else can give consent for you. If you
say NO you can’t be forced to have the treatment or be
examined.
But if the doctor or nurse thinks you don’t understand
enough to make the choice, they may give you the
treatment they think is best for you, for example :
· to help you get better
· or save your life in an emergency.
You can get more help and advice from a leaflet
called:
Consent – A guide for people with
learning disabilities
To get a free copy, phone 0870 555 455 (ref 24464)
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Managing your money
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Managing your money
Everyone likes to look after and spend their own
money.
You have the same right as anyone else to look
after your own money. But you need to know what
bills you have to pay before you can spend money
on other things.
It’s OK to get help if you need it.
You can get a leaflet called ‘Paying Your Bills’ from
Mencap learning disability helpline:
Tel: 0808 808 1111
Benefits
Money you get
regularly –
Housing Benefit
and Disability
Living Allowance
are two types of
benefits
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If you get benefits, the money you get is for bills
with some money you can spend on other things.
You may need help to make sure you get all the
benefits you should be getting.
If you get help or support from Social Services, you
might be able to get a Direct Payment. This is
money from Social Services to spend on services
you need. You can get help to do this.
You might have lots of money from a will.
You may need help to make plans to save money
for things you would like.
Will
When a friend or
someone in your
family dies, they
usually write a list
called a will. It is a
list saying who they
want to give the
things they own to.
If you have lots of money or a house, someone
could ask the Court of Protection if they can look
after your money and spend it on you. This person
is called a receiver.
It’s OK to get help to manage your money.
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You might want to get help from:
· a solicitor
· a receiver
· an appointee
· an agent or
· a friend
Other people might think you
can’t look after your own
money.
But the law says your family or people who care for
you, or support you cannot take over your money
without an order of the court.
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The Job Centre Plus
has replaced Job
Centres and Social
Securty Offices in some
areas.
Someone can ask the local Job Centre Plus or
Social Security office to make them your appointee.
Your appointee might be able to get your benefit
money and spend it on things for you.
The appointee might be someone in your family, a
carer, a solicitor or someone from Social Services.
They are not every
where yet but will be by
2006.
The person helping you should ask you what you
think and listen to what you say about how your
money is spent.
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Making a complaint
If you want to complain about an appointee
contact the local Job Centre Plus or Social
Security Office.
If you want to complain about a receiver, contact
the
Court of Protection at :
The Public Guardianship Office
Archway Tower, 2 Junction Road
London N19 5RQ
( 0845 330 2962 Complaints line
The Public
Guardianship Office is
linked to the Court of
Protection and is part of
the Department for
Constitutional Affairs.
The Court of Protection
appoints receivers . The
Public Guardianship
Office is there to make
sure receivers do their job
properly.
You might need to get some help to make a
complaint. You could ask an advocate or your
local self-advocacy group, friend, care manager
or social worker to help you.
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When decisions are made for you ……
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When decisions are made for you
The law says:
A person might not be able to make their
own choice about something if they can’t
understand the information or remember the
information about the choice.
But you have the right to get help, support and have the
information in a way that you understand, to help you
make a choice.
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So that you can make your own
choice, people:
· Must tell you all about the choices to be made
· They must give you information in a way that you can
understand.
· They must give you time to think about the choice
· They must let you talk to other people about the choice
· They should let you choose someone to say what you
want
· They must help you to say what you want
· They must help you decide for yourself.
· Any choice must be the best for you.
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If they do decide for you, it must
be the best choice for you.
They must think about:
What you want and what is important to you and what you
would choose.
What your family or friends and people who know you
think is best for you.
If there are different choices, which one would give you
the most freedom.
Freedom
The choice to do the things you want to do
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You should be involved when a choice has to be made
Tell them which people are important to you.
Ask for an advocate to help you.
Make a plan about all the different things that are a part of
your life. Things like health, support, learning, work, fun,
where to live and friends.
And tell them the best way for you to tell other
people what you want – how you communicate.
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Control over your own life: what you can do
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You should have control over your own
life, BUT sometimes other people
· try to take away your right to decide things for
yourself or
· tell you that you can’t decide for your self
Sometimes you don’t get enough information and
support to decide for yourself.
If you are not happy about these things and want to
complain
· talk to someone you trust – this might be your key
worker, a family member, a friend or someone in
your self advocacy group.
· try and get help from an independent advocate.
There is a list of useful organisations at the end of
this booklet.
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You can also get legal advice. Getting legal advice is when you talk to
someone who knows all about the law. They can tell you about the law
and your rights and help you go to court if you need to.
The Disability Law Service provides free, legal advice for people with
disabilities and their carers in the UK.
020 7791 9800
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Going to court
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Going to court
Going to court doesn’t happen very often. Most
people can sort things out before.
You might have to go to court to make a difficult or
important choice. You will be given plenty of help and
support if you have to do this.
The court may be asked to decide things like:
Where you should live
If you should have surgery or other serious hospital
treatment.
If you can see someone in your family, when your family
has split up after a divorce.
If you can make your own choices and decisions or not.
Remember, going to court doesn’t happen very often.
Most people can sort things out before.
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Bad things that might happen
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Bad things that might happen
Sometimes people try to get you to do something you don’t
really want to do. They might get you to make a choice you
don’t really understand or try to confuse you. Things like:
They might ask you for money, or spend your money on
things for them and not on things for you.
I don’t like
this!!
They might cuddle or kiss you in a way you don’t like. This
is called sexual abuse.
They may lose their temper and hit you. This is also abuse.
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They may say horrible things to you that make you feel bad.
They may frighten you by saying they are going to hit you or
hurt you. This is bullying.
You don’t have to do anything you don’t
want or don’t like.
Ask the person to stop. If they won’t stop
and even if they do stop:
Tell someone else what has happened – like a family
member, key worker or a friend or anyone you know who
will listen to you.
Tell the police.
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Remember, nobody makes the right decisions all of the time. Other
people shouldn’t take choices away from you just because you make a
mistake.
It’s always good to get help if things get difficult. Talk to someone you
trust.
Here is a list of some people who might be able to help.
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Useful Organisations
BILD
British Institute of Learning Disabilities
Campion House,
Green Street,
Kidderminster,
Worcestershire, DY10 1JL
Tel: 01562 723010
Fax: 01562 723029
www.bild.org.uk
Citizen Advocacy Information and
Training
Unit 164
Lee Valley Technopark
Ashley Road
London N17 9LN
Tel: 020 8880 4545
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Disabilities Rights Commission
DRC Helpline
FREEPOST
Stratford upon Avon
CV37 9BR
The Helpline number is
08457 622 633.
www.drc-gb.org
Disability Law Service
020 7791 9800
Foundation for People with Learning
Disabilities
7th Floor
83 Victoria Street
London SW1H 0HW
Tel: 020 7802 0300
www.learningdisabilities.org.uk
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MENCAP
123 Golden Lane
London EC1Y 0RT
Helpline: 0808 808 1111
Tel: 020 7454 0454
www.mencap.org.uk
Wales Learning Disability Helpline
Telephone 0808 8000 300
People First
3rd Floor
299 Kentish Town Road
Kentish Town
London NW5 2TJ
Tel: 020 7485 6660
People First
www.peoplefirst.org.uk
Public Guardianship Office
Archway Tower
2 Junction Road
London N19 5SZ
Customer Services tel: 0845 330 2900
Complaints tel: 0845 330 2962
www.guardianship.gov.uk
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Respond
3rd Floor
24-32 Stephenson Way
London NW1 2HD
Abuse Helpline: 0808 808 0700
www.respond.org.uk
Speaking Up
162 Tenison Road
Cambridge CB1 2DP
Tel: 01223 566258
www.speakingup.org
Values into Action
Oxford House
Derbyshire Street
London
E2 6HG
Tel: 020 7729 5436
www.viauk.org
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Voice UK
The College Business Centre
Uttoxeter New Road
Derby
DE22 3WZ
Tel: 0870 013 3965
We would like to thank Eve Rank-Petruziello and Graeme Smith from the
Learning Disabilities Action Group for their help
and advice in the making of this booklet, also Simon Cramp from MENCAP.
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A copy of this report is on the Department for Constitutional Affairs website at:
www.dca.gov.uk/family/mi/index.htm
You can get copies of this booklet and a free tape from:
The Department for Constitutional Affairs
Mental Incapacity Division
4th Floor, Selborne House
54-60 Victoria Street
London SW1E 6QW
Tel 020 7210 8343
Fax 020 7210 0671
Email makingdecisions@dca.gsi.gov.uk
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