Best Interests of whom?

[Saffie]

There wasn't any mention of abuse in the original post.

Nor was there in mine apart from the final sentence regarding the appoinment of an impartial deputy whcih was no relevant to the point in question.
A Deputyship for financial and legal deputyship does have some authority regarding the choice of care/nursing home as they are reponsible for paying the fees as well as finding the best place for their relative. The best people to know how far this authority stretches are in the OPG as I mentioned in my first post.

 

[Wirralson]

Actually I don't agree.
If this comes before the CoP, then having legal Deputyship will surely give JforM more standing. It will be up to her mother's husband to try to show that she is not acting in her mother's best interest.
However, it will also probably mean, as Jennifer has said, that neither party will be given Deputyship.That will not necessarily work against the wishes of JforM if it is apparant that her mother is being abused.



Have the staff seen this? If so, it is indefensible that nothing has been done to prevent your stepfather being alone with your mother when visiting.
I do think that the manager of the home should be active here and the social workers too. At the very least, his visits should be carefully monitored.

Best of luck with this and I hope someone will listen and things will get better for both you and your mother.

The holding of a Property and Finance deputyship doesn't confer any rights on the OP but give her the responsibily to act in her mother's best interests so far as her mother's property is concerned. This allows her to question the value for money or suitability of teh nursing home, but not to insist on a relocation purely for convenience. Her status as daughter gives her some rights under the Human Rights Act and at Common Law, but her step-father has similar rights.

It wouldn't necessarily be the CoP that would consider the case if it were brought before the Courts as the issue isn't the conduct of a Deputy but (AIUI) the LA refusing to accede or blocking to OP's request to relocate her mother. That could be a judicial review hearing in the High Court. I do not think there is any prospect of a health and welfare deputyship being granted.

Leaving painkillers in the room is a serious matter. The "physical harm" is unspecified in the post but could be an assault or other offence. 2If the OP's stepfather attempts to administer painkillers is then this (potentially) a criminal offence under the Offence Against the Person Act and possibly other legislation as well. If there are grounds for so doing, then this should be escalated as a Safeguarding of Vulnerable Adults (SOVA) issue IN WRITING, ideally by a solicitor, and a complaint (in this context, reporting an alleged offence) made to the police. Such documentation should be sent to the LA Social Services and to the relevant police unit (most forces have an officer or unit dedicated to this task). It may also be worth taking legal advice seeking a restraining order on the OP's stepfather to restrict the visits.

Hoever, like garnuft, I notice that the subject of this post has shifted somewhat. Originally, it was about relocating the OP's mother. Now it is about harm / safeguarding / alleged abuse. The alleged abuse does not of itself give grounds of itself for relocation. The Courts (and police) are familiar with allegations of abuse being made to attempt to force an unrelated desired outcome. If true, then the allegations must be acted upon. If allegations are made without reasonable grounds, then any person making them could face both criminal charges (for wasting police time) and potential civil action.

I am also a little surprised at the questions being asked on here if legal advice is being sought. I'd expect a competent solicitor to have answered the points made.

W

 

[Saffie]

Hoever, like garnuft, I notice that the subject of this post has shifted somewhat. Originally, it was about relocating the OP's mother. Now it is about harm / safeguarding / alleged abuse. The alleged abuse does not of itself give grounds of itself for relocation. The Courts (and police) are familiar with allegations of abuse being made to attempt to force an unrelated desired outcome. If true, then the allegations must be acted upon. If allegations are made without reasonable grounds, then any person making them could face both criminal charges (for wasting police time) and potential civil action.

I am also a little surprised at the questions being asked on here if legal advice is being sought. I'd expect a competent solicitor to have answered the points made.

I don't think the subject of the post has necessarily shifted but I did say earlier that we had so little information that it was difficult to advise and I think the OP has just given more details. It doesn't alter the original query and it doesn't change the question that, as I've advised in two posts, really needs to be answered by professionals.
As the OP has said that she wanted to avoid using a solicitor, the OPG seem the obvious people to ask about how far her Deputyship, as it stands, can help her case.

I'm sure the OP is aware that we are not able to answer legal questions as though we know all the answers.
I think we were all agreed that a H&W Deputyship was unlikely to be granted in this case from the start, although some members of TP have managed to obtain it.

Incidentally, the Deputyship, if like mine, is actually for Property and Affairs, not Property and Finance.

N.B. From your earlier post -

and your stepfather, as the spouse also has, as noted above, legal rights in this position and these are very strong.

(my bolding)

not that strong apparantly -

Next of kin is an emotive term but what, if anything, does it mean? And there’s the rub, because, in law, next of kin means nothing. As the next of kin, with the exception of your children aged under 18, you have no legal standing to make decisions or take over the affairs of a loved one. And this, unfortunately, catches people out at the worst possible time. -

http://www.thrings.com/site/news_events/thrings_news/pc_nextofkin_nov10.html
Taken from the above page and one of a number of similar pages, via Google.

 

[justiceformum]

The holding of a Property and Finance deputyship doesn't confer any rights on the OP but give her the responsibily to act in her mother's best interests so far as her mother's property is concerned. This allows her to question the value for money or suitability of teh nursing home, but not to insist on a relocation purely for convenience. Her status as daughter gives her some rights under the Human Rights Act and at Common Law, but her step-father has similar rights.

It wouldn't necessarily be the CoP that would consider the case if it were brought before the Courts as the issue isn't the conduct of a Deputy but (AIUI) the LA refusing to accede or blocking to OP's request to relocate her mother. That could be a judicial review hearing in the High Court. I do not think there is any prospect of a health and welfare deputyship being granted.

Leaving painkillers in the room is a serious matter. The "physical harm" is unspecified in the post but could be an assault or other offence. 2If the OP's stepfather attempts to administer painkillers is then this (potentially) a criminal offence under the Offence Against the Person Act and possibly other legislation as well. If there are grounds for so doing, then this should be escalated as a Safeguarding of Vulnerable Adults (SOVA) issue IN WRITING, ideally by a solicitor, and a complaint (in this context, reporting an alleged offence) made to the police. Such documentation should be sent to the LA Social Services and to the relevant police unit (most forces have an officer or unit dedicated to this task). It may also be worth taking legal advice seeking a restraining order on the OP's stepfather to restrict the visits.

Hoever, like garnuft, I notice that the subject of this post has shifted somewhat. Originally, it was about relocating the OP's mother. Now it is about harm / safeguarding / alleged abuse. The alleged abuse does not of itself give grounds of itself for relocation. The Courts (and police) are familiar with allegations of abuse being made to attempt to force an unrelated desired outcome. If true, then the allegations must be acted upon. If allegations are made without reasonable grounds, then any person making them could face both criminal charges (for wasting police time) and potential civil action.

I am also a little surprised at the questions being asked on here if legal advice is being sought. I'd expect a competent solicitor to have answered the points made.

W

Problems seem to have arisen as my Mother is self-funding.
Only last week did SW inform me that LA have a "Duty of Care" to my Mother.
As I had reported incidents with painkillers & physical harm to staff I assumed naively that they would have put some restriction in place re Mr's visits.
Manager said she had had a word with him.
After I contacted SS this week I realised they were unaware of these incidents.
My Solicitor has sent several letters to Mr about him removing things from Mother's home & person. I informed Manager of NH re this. All the time I feel the NH has kept info within home.
I sit by my phone awaiting response from Safeguarding Team & my local MP- who I had to resort to leaving a message at MP's office as I feel no-one is officially furnishing me with pertinent info.

 

[Wirralson]

Problems seem to have arisen as my Mother is self-funding.
Only last week did SW inform me that LA have a "Duty of Care" to my Mother.
As I had reported incidents with painkillers & physical harm to staff I assumed naively that they would have put some restriction in place re Mr's visits.
Manager said she had had a word with him.
After I contacted SS this week I realised they were unaware of these incidents.
My Solicitor has sent several letters to Mr about him removing things from Mother's home & person. I informed Manager of NH re this. All the time I feel the NH has kept info within home.
I sit by my phone awaiting response from Safeguarding Team & my local MP- who I had to resort to leaving a message at MP's office as I feel no-one is officially furnishing me with pertinent info.

The Nursing Home will have a legal problem with disclosing some kinds of information to you, notwithstanding your status as a Deputy. Information about your stepfather's actions, especially those of the type you allege, is classed as sensitive personal data under the Data Protection Act 1998. While they can (and indeed should) disclose such information to the LA and the police, they can't automatically disclose it to you as a Deputy nor necessarily as the daughter.


You do need to separate out the issues. As you have stated them they seem to be twofold: one relating to alleged past and ongoing abuse or harm, physical or emotional or financial, by your stepfather to your mother, and the other relating to the LA's opposition to moving your mother. If you are retaining a solicitor, I'd suggest you try the following.

First, you need to ask the solicitor's advice whether you can act as a deputy or concerned daughter or whether the solicitor is acting without instructions on behalf of your mother - there are circumstances where they can and should do this.

Second, I'd ask whether it is worth seeking a restraining order. Doing so, or at least work preparatory to considering doing so, would allow the Nursing Home to disclose information lawfully to the solicitor (though not necessarily to you). Large care home groups normally understand this (or at least their legal team can be convinced of this) but small homes don't always have access to the relevant level of advice.

Third, the SW strictly doesn't have to inform you they have a Duty of Care (actually a statutory duty). The duty is there whether they inform you or not. However. the LA SW dept should have taken advice from the NH (which admittedly isn't a disinterested party) and your mother's doctor(s) before reaching the decision. Again, the solicitor might have some success in obtaining such information if they can demonstrate that the are contemplating legal action (eg a judicial review), although they may not be able to disclose all or any of that information to you. They may actually need a Court Order to get it, although that is less daunting than it sounds.

W

 

[justiceformum]

Can anyone help with info if there is any legislation on the staff/resident ratio in a Nursing Home?

 

[meme]

I do find myself wondering is it really "justice for mum" to part her from her husband, move her miles away from him and seek a restraining order against him too ??? re "painkillers" given to her, are we talking paracetamol type pills??

 

[Poppyfields]

Thank you for your post.
Update is I have contacted Social Services and informed them of my concerns about Mr's visits to my Mother are causing distress.
I did inform the S W involved with Mom about suspected abuse & actual abuse before she was lifted by the Crisis Team in a very poorly condition.
Medical, emotional, physical & lack of food & drink.
Now I have requested safeguarding as he has been visiting and leaving painkillers in room and physically harmed her.
I feel it may take something serious to happen to Mother before anyone listens to my concerns.
Anything helpful please contact .

I'd advise contacting safeguarding yourself - don't leave it to SS

When we found my mother in a terrible state, the care home insisted it was a one off. We knew it wasn't as a member of staff had told us so.
We contacted social services,who said they'd contact safeguarding.

Safeguarding didn't visit for over a week and by then my mother's room was clean, she was wearing clean clothes that weren't torn and she'd had her hair cut - no matter that she was continuing to lose weight and ill with a chest infection and in bed , that's where she had her hair cut.
She and her room looked presentable and safeguarding didn't raise an alarm

I am kept in the dark by SS (I am a trouble maker because I've asked questions which they avoid answering, so I then keep having to ask them) but I found out from hospital staff that safeguarding are again involved - my mother broke her hip and is in hospital, no one at the care home knows how this happened, just like all the other "unwitnessed incidents"

Latest good news is that my mother doesn't have cancer as we'd been told by the manager of the care home, told us that she had only weeks to live.
This accounted for her drastic weight loss, and so we didn't question it as much as we should have - in fact the CHM ignored my questions as to what efforts were being made to help my mother gain weight
The inference was that she wouldn't gain weight because she was dying.

After 3 weeks in hospital, my mother has regained over half a stone
She also does not have cancer - the doctor ran tests at my request.

I spoke to my mother's GP, who confirmed that no diagnosis of cancer had been made but that further investigation was needed (so why didn't she do anything?)

When I told her what the CHM had told me, that my mother had cancer, there was a long silence and then the doctor simply said that she couldn't comment about what was on the notes at the care home!