CH preventing me talking to a relative in care

[Mr_Angry]

I recorded an interview with a relative in care. The CH manager has now sent me a letter saying that SS have been informed and that I am 'not allowed to interview or question any service user' and if I record the conversation with 'any service user' the police will be informed and I will be asked to leave.

By 'service user' I assume they mean my family member. I regard this as another example of human rights abuse and if permission is given the CH has not right to stop me.

 

[chucky]

Hello Mr Angry, how did the CH know your were recording it. Did you inform them yourself? Perhaps they are worried in case you attempted to record other residents and are suspicious of your motives. Then of course theres also the issue of what you intend to do with it. I dont know if its legal or not, but its such a shame that you had to resort to this. Is it the case that you dont like this particular CH or because the decision was taken out of your hands. Seeing our loved ones in CH is very difficult and distressing but sometimes its for the best although i fully respect your choice for care at home. I applaud your determination and courage. I do hope you can find a way to sort this out.

 

[60schild]

By 'service user' I assume they mean my family member. I regard this as another example of human rights abuse and if permission is given the CH has not right to stop me.

Ask them directly who they're referring to i.e. whether they're referring to your father or not. It's better to be sure than to proceed in the wrong direction upon the basis of what might be a misunderstanding.

I can't see any reason why you shouldn't be able to record conversations with your father--I video my father from time to time (Christmas Day, for instance), because I want to be able to remember him clearly once he is gone--but I've never looked into the legalities of it. Best check with your lawyer.

 

[JPG1]

Mr Angry,

It would have been more acceptable if the CH manager had been able to have a chat with you, either in person or over the phone, before writing to inform you that s/he had taken the unwelcome step of notifying the SS. CH manager’s out of order, IMHO. So my first question to the CH manager would be – by recording a conversation with a 'service user', do you mean my father?

Your father, who is a service user in their terminology, has been your father for far longer than he has been a service user (horrible way to describe a resident!). If the police are informed that you are recording a conversation with your own father, the CH manager and/or the SS head of service should explain in advance why they feel that is unacceptable.

As for recording of conversations generally: it is legal to record a conversation with anyone, as long as you have their permission to do so. It would not be acceptable or legal for you to record conversations with residents other than your father without their permission – and if there are any questions about the mental capacity of the residents, it would be inadvisable to do so.

It is legal to record a telephone conversation with anyone without asking their permission to do so, but only as long as it is not played to a 3rd party without the permission of the person you recorded.

If you can’t record a conversation with your own father without the SS and the police being involved, that is a sad reflection of our country and the way in which the human rights of everyone, young and old, are being eroded. But the powers that be will no doubt argue that your father does not have the mental capacity to consent. But, of course, if it is in his best interests, they would have to demonstrate otherwise.

The next step may be for the CH to inform the Adult protection unit that you are abusing your father – and then it really will become more than tiresome.

I would seek clarification in writing from the CH manager and from the SS person s/he has informed.

(Afterthought: many people post photographs of their relatives with severe dementia here on TP. Without permission of their relatives, in many instances. Would the police need to be informed by the Alzheimer's Society?)

 

[EmJ]

Hi Mr Angry,

The worrying thing is that when I read about your circumstances, I am not surprised by anything you write.

What does that say about the "care" system?

Power in the wrong hands can be a dangerous thing...

Take care,
EmJ