I am a versatile consultant with experience of working on High Priority Improvement Programmes across Social Care, Public Health and Housing
My post yesterday regarding tenants in supported living being served notice clearly touched a nerve. It's so important to remember that a tenancy is a legal document. It should only be signed by a tenant if they have capacity. If they don't, it should only be signed by someone with a legal right to do so who has been through the Court of Protection to obtain this right (this is different to a DWP appointee). Historically it was the norm to have an unsigned tenancy but you have to ask, if challenged could you prove that everyone was in agreement with this and that it wasn't just a lazy placement? People that live in Supported Living are there because they are vulnerable. To knowingly encourage them to live somewhere without any legal security of tenure that doesn't have appropriate oversight and protection from a regulator is, as far as I'm concerned, a safeguarding issue. If we can't provide supported living properly then we shouldn't be doing it at all. https://lnkd.in/eKmv9T-E
It is a very thorny issue. When I read one of the new protected tenancies that was sent along in response to the change of rules in Wales, it dawned on me that I didn't really understand it either. Now where there is a deputy, such matters are straightforward but how many deputies understand it? Do the council ones get legal advice on it? Effectively they seem to be made from approved templates. Someone who does have capacity may be able to grasp this: you had a tenancy. This is a new tenancy that gives you more protection. Do you want to continue to live here with the same responsibilities and enhanced rights? The more able someone is, the trickier it gets!
Corporate Head of Service - Adult Social Care
9moWell said Suzanne!