A Major Change to Deprivation of Liberty: What It Means for Disabled People
08/06/2026
A recent UK Supreme Court judgment has brought in one of the biggest changes to disabled people’s rights in a...
Read MoreEmma* had been assessed as not having the mental capacity to make decisions about where she should live.
She wanted to move to a more rural area, and professionals agreed this would be in her best interests. However, because of a brain injury that affected her memory, Emma found it difficult to remember the three housing options or explain which one she preferred.
The Advocate took time to understand how Emma communicated. They noticed she could remember what places looked like, even if she couldn’t remember their names.
Instead of asking Emma to remember the names of the different homes, the Advocate encouraged her to describe them in her own words, such as “the one with the green gate” or “the one with the tall trees at the front.”
The Advocate also used simple activities to help Emma think about what mattered most to her. They created cards using Emma’s own words, such as “I want a bedroom downstairs” and “I want a bedroom upstairs.” Emma sorted the cards into “I want” and “I don’t want” groups to show what was important to her.
Over several sessions, the Advocate checked that Emma’s views stayed the same, talked through any changes, and adapted their approach to help her understand and remember her options.
Emma was able to understand and compare the housing options more easily by using her own descriptions. This helped her explain what was important to her and what she preferred.
Although the final decision was still made through a best interests process, Emma’s views were clearly understood, included and considered by the professionals involved.
The Advocate did not make assumptions about what Emma wanted. Instead, they took a person-centred approach and followed the principles of the Mental Capacity Act.
By building on Emma’s strengths and using simple, practical tools that made sense to her, the advocate helped her take a meaningful part in decisions about her future.
*Name changed to protect the people we support.