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Can the Council and Court of Protection force someone into care ?

Chris999

New member
Oct 29, 2017
7
I care for my mother full time and we live together. I've had a poor experience with the council who kept my mother in care for a year following a stroke and stay in hospital. The relationship between the council and myself is antagonistic. Now they've gone through the high court to carry out a mental capacity report and are insisting that no care package can keep my mother in her own home and that they're recommending she be placed in full time residential care.

Can they send the police to take her by force against her will ?

Does anyone know if people can be taken into care from their own homes against their will and the will of their family/carer ?
 
Last edited by a moderator:

karaokePete

Registered User
Jul 23, 2017
5,286
N Ireland
That seems to be a very complicated situation and must cause you anxiety. May I suggest a chat with the experts on the helpline may point you in the right direction. Helpline details are as follows

National Dementia Helpline

0300 222 11 22

Our helpline advisers are here for you.

Helpline opening hours:
Monday to Wednesday9am – 8pm
Thursday and Friday9am – 5pm
Saturday and Sunday10am – 4pm
 

Chris999

New member
Oct 29, 2017
7
That seems to be a very complicated situation and must cause you anxiety. May I suggest a chat with the experts on the helpline may point you in the right direction. Helpline details are as follows

National Dementia Helpline

0300 222 11 22

Our helpline advisers are here for you.

Helpline opening hours:
Monday to Wednesday9am – 8pm
Thursday and Friday9am – 5pm
Saturday and Sunday10am – 4pm
I did just that, the lovely lady I spoke to advised she didn't know about forcing people into care and suggested I call Pathways through Dementia on 0203 405 1122. I'll see how that goes. Thanks.
 

nitram

Registered User
Apr 6, 2011
19,929
North Manchester
Can the Council and Court of Protection force someone into care ?

I think a simple answer to this basic question has to be 'yes, if the person lacks capacity to make the decision'.

A different question is 'should they'

The COP has a duty to make decisions for people who are incapable of making them unless an LPA is in force ( deputies are using the court's power).

To rule on any request the court will need proof that the person lacks relevant capacity and be informed of all details of the request before it can make a ruling.

In this case, in addition to a capacity assessment, the result of a formal best interests meeting complete with assessments and reports is likely to be asked for.

After assessment of need, consideration of financing that need arises, is a best interests decision of care home influenced by lack of funding, and if so should it be?
 

Chris999

New member
Oct 29, 2017
7
Can the Council and Court of Protection force someone into care ?

I think a simple answer to this basic question has to be 'yes, if the person lacks capacity to make the decision'.

A different question is 'should they'

The COP has a duty to make decisions for people who are incapable of making them unless an LPA is in force ( deputies are using the court's power).

To rule on any request the court will need proof that the person lacks relevant capacity and be informed of all details of the request before it can make a ruling.

In this case, in addition to a capacity assessment, the result of a formal best interests meeting complete with assessments and reports is likely to be asked for.

After assessment of need, consideration of financing that need arises, is a best interests decision of care home influenced by lack of funding, and if so should it be?
They have one doctor's report showing lack of capacity and have already decided on a care home. Scant evidence. My mother owns her own home. She's not receiving any outside care package at any cost at this point.
 

nitram

Registered User
Apr 6, 2011
19,929
North Manchester
Has there been a best interests meeting, if so were you invited to attend?
Has there been any reference to safeguarding if she returned home?
Are you disabled or over 60, meaning that the house would be disregarded in any LA financial assessment?
 
Last edited:

Chris999

New member
Oct 29, 2017
7
No meeting as yet. No mention of safeguarding as such but they claim a waking night carer should be required during a rushed single assessment by a social worker in under 10 minutes. I am incapable of work due to health issues.
 

Beate

Registered User
May 21, 2014
11,902
London
Two things: if a person does not have mental capacity then someone else must make decisions on their behalf. I'm assuming you do not have health & welfare LPA for her?

These decisions must be in the person's best interest, and their safety must be paramount.

I cannot say anything about your personal situation but if they feel that your mother needs to be in a care home, then yes they can.
 

Chris999

New member
Oct 29, 2017
7
Two things: if a person does not have mental capacity then someone else must make decisions on their behalf. I'm assuming you do not have health & welfare LPA for her?

These decisions must be in the person's best interest, and their safety must be paramount.

I cannot say anything about your personal situation but if they feel that your mother needs to be in a care home, then yes they can.
It's ongoing in the courts, I can't comment any further.
 

nitram

Registered User
Apr 6, 2011
19,929
North Manchester
As a separate issue, ask CAB/AgeUK about, if she has to go into care in the future, whether or not you will be able to stay in the house considering your inability to work and length of time you have lived in it.
 

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