Is this correct?

Anthoula

Registered User
Apr 22, 2022
2,653
0
I was talking with the admiral nurse yesterday about legal responsibility when caring for a loved one who has dementia. I said that my understanding is that it is the social services/local authority who have the legal responsibility to safeguard the dementia sufferer, not a family member even though they have taken on the role of carer. The nurse said that was not right, and if a family member has taken on the role of carer it then becomes their legal responsibility to ensure the sufferer is properly safeguarded. If the carer says they can no longer continue in their caring role and effectively walks away they can then be charged with abuse! Is the nurse right? Have I misunderstood all this time?
 

Jaded'n'faded

Registered User
Jan 23, 2019
5,363
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High Peak
If you've misunderstood then so have I!

My understanding is that social services have Duty of Care not private individuals. And doctors too. However, that's my understanding - I really don't know where this is 'written in stone' so hopefully another member can point us to the relevant legislation.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
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Kent
I don’t know either.

Perhaps it means the person with dementia would be ‘handed over’ to social services rather than abandoned. ?
 

Buntie123

Registered User
Jan 2, 2023
80
0
Wirral
Hi

Yes I was told by Carers Assessment at social services

They have a duty of care. If the care giver is not around to continue care

Adult social services have a duty of care. But they can place the patient in residential places available. Not choice
 

Kevinl

Registered User
Aug 24, 2013
7,284
0
Salford
They were talking out of their, how can I put it politely, care pad bottom bit.
If you hold an lasting power of attorney for health an welfare or finance and legal then there are legal duties.
I would suggest you see what others have to say but "you as a family member took on the role" as I understand you say makes you liable..
Site rule forbid me to say what a load of, well whatever, you're not liable for anyone (UK England) rules unless you choose to be. K
 

SAP

Registered User
Feb 18, 2017
1,656
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No one is legally required to care for their parents , the law in the UK does not place a legal duty on families to provide financial support of personal care for elderly relatives. However if social services are led to believe that a family member is taking on the caring responsibility and that family member then neglects the person requiring care including leaving them for a long time with no support there would be a case to answer I believe. So if a carer got to the point of no longer wanting to or be able to provide care they possibly would have a duty to inform social services so that they can then take on their legal responsibility to take over that persons care.
Just to add that anyone claiming carers allowance and not providing care would be breaking the law.
 
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northumbrian_k

Volunteer Host
Mar 2, 2017
4,758
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Newcastle
This paragraph from the Care and Support Statutory Guidance, March 2024 may go some way towards answering the question:

"6.15 During the assessment, local authorities must consider all of the adult’s care and support needs, regardless of any support being provided by a carer. Where the adult has a carer, information on the care that they are providing can be captured during assessment, but it must not influence the eligibility determination. After the eligibility determination has been reached, if the needs are eligible or the local authority otherwise intends to meet them, the care which a carer is providing can be taken into account during the care and support planning stage. The local authority is not required to meet any needs which are being met by a carer who is willing and able to do so, but it should record where that is the case. This ensures that the entirety of the adult’s needs are identified and the local authority can respond appropriately if the carer feels unable or unwilling to carry out some or all of the caring they were previously providing."
 

SeaSwallow

Volunteer Moderator
Oct 28, 2019
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Hello @Anthoula you have been given some good advice here but you might also find it useful to contact the helpline for further advice. I have attached their details below.

 

northumbrian_k

Volunteer Host
Mar 2, 2017
4,758
0
Newcastle
To put it simply, no individual has to care for another but may choose to do so. If they wish to reduce or stop what they are doing that is up to them. There is a world of difference between that and actual, wilful neglect or abuse.