In his own words - The views of the person SS choose to ignore

[Mr_Angry]

A blog has been created by people who would like my fathers views to be heard and also the views of others who are also fighting the SS in the best interests of their loved ones.

If anyone would like the link please contact me by private mail on this site.

 

[Mr_Angry]

MP3 and WAV formats available

The site has now installed a MP3 player so just click on the audio image and press listen.

Send me an email for the web page.

 

[taffygirl]

In his own words

You should publish the link to this recording to show everyone that your father wishes to return home to your care, and to show it is his wish to go home and be with you and not remain in the CH. Maybe then SS will have to act on what your father wants as it is as you say "in his own words"
I hope people will also understand that just because you have dementia does not mean that you cannot have a say in where you want to live.

 

[Bob S]

Mr. A , I did send you a pm but if you could send me the link via pm it would be appreciated.

 

[Mr_Angry]

Questions

To those who asked why is a sane man being locked up all I can say is ask SS and the CH. I have been asking that question for months and all they say is that he likes it in the CH and lacks capacity to determine where he wishes to live.

I think he has expressed his views clearly on that matter and as people have said after hearing the recording it is the CH staff and SS who should be locked up.

An injustice on a 92 year old man.

 

[Bob S]

Having heard the recording that is not someone who lacks capacity and is very capable of articulating his wishes.

 

[Amy]

Could you send me the link please.

Amy

 

[Amy]

Thank you Mr Angry; listening to that recording your father appeared to understand your questions, and his answers indicated understanding, and his desire to be at home. So why do SS believe he would be at risk at home?
Amy

 

[Posh Paws]

Hello Mr Angry at last I have managed to get your fathers recording to play. As I suspected your father knows exactly what he wants wth complete understanding of the implications of going home IMO.

With regards to why the SS are trying to stop this, who knows the working mindset of these people. As you know I am fighting the long battle with the PCT who also appear to make it up as they go along.

One thing I do now believe is this, my dad was always convinced that is you had some money behind you and entered the system in anyway i.e hospital ect you would not get home. I always thought this was rubbish even though he gave me many examples of his old friends who in nearly all cases if they had nothing they were back home with daily visits but if they were home owners they were taken away I cannot speak for other areas only here.

The first month dad was in hospital there was plenty of talk of him getting home then I was directly asked do you have POA and does he own his own home?? When they found out I did not and yes he was a home owner then he became too vunerable to ever go home My Dad's words now haunt me

 

[Mr_Angry]

Best interest or bank interest?

SS have offered no reason as to why my father can not return home however they have asked do I intend to pay for his care in the CH.

CH manager as also stated CH does not care if I refuse to pay as their contract is with SS and will get paid regardless of action on my part and that SS will sue me if I don't pay.

So who is acting in whose best interest?

 

[Bob S]

So what would happen if someone was to go to the home and remove your father?

 

[Mr_Angry]

Mr fathers last words to me

In a telephone conversation he said he would walk out and if anyone tried to stop him he would put up a fight. As the front door is always locked (a violation of human rights?) he would be prevented from leaving.

SS and CH were quick to apply a DOL when they objected to my questions.

 

[Bob S]

A DOL should only be applied in the following circumstances:-

They apply to anyone who:

Is aged 18 or older
Is suffering a disorder or disability of the mind
Lacks the capacity give consent to their care/treatment
Is receiving care or treatment that might amount to a deprivation of liberty under Article 5 of the European Court of Human Rights

The care home should have applied to the council to assess if the person concerned to see whether they

are deprived of their liberty
come under the new law
are being deprived of their liberty in their best interests

The maximum a DOL can be applied for is 12 months. The Supervisory Body will also ensure that the person being deprived has a ‘Representative’ who will keep in touch with the person, support them in all matters regarding the authorization, and ask for a review of the authorization when necessary. This Representative could be a family member, a friend or a paid advocate.

Their decision can also be appealed against in a court of law.

Do you know who the representative is for your father Mr. A?

The council should have assessed your father and this assessment should be available. Have you asked the supervisory body in writing to review the decision? The council should also have a DOLS coordinator.

This link might be useful to you Mr. A.

http://www.wigan.gov.uk/Services/HealthSocialCare/DoLS/

 

[Bob S]

One other thought, has your fathers GP seen him recently? Would it be worthwhile seeing him or her to see if they will do an assessment and perhaps refer the matter to a consultant geriatrician who could assess your father's mental capacity?

 

[Jancis]

Deprivation of Liberty

Mr A,
As I understand it, your dad's representative is his IMCA, is that correct?
I have put some notes together relating to my own experience for what they are worth...

In cases where someone has been assessed and deemed as lacking capacity then a best interest decision has to be made by the placing authority as identified by the Mental Capacity Act 2005. In such a case the placing authority remains the ultimate decision-maker.

Having listened to your dad talking on your link it is quite obvious that he IS NOT LACKING mental capacity to make decisions concerning his welfare needs. Therefore if the Dept of Adult Social Care are ignoring this then they are in serious breach of the Mental Capacity Act. Your dad's IMCA should be extremely concerned about this.

Therefore it is logical to construe (from where I am sitting) that if the care home has applied a DOL order then it is almost certainly unauthorised.

SS have to conduct a Best Interest Assessment which includes completion of Deprivation of Liberty Form No. 10.

My relative's nursing home requested this assessment after we complained that he was being detained in this (dreadful) home against his wishes. This assessment had to be undertaken by an approved mental health professional. It was decided that he was NOT deprived of his liberty because of the following reasons given by the LA's Legal Officer - wording has been summarised by me to keep as brief as possible and comments in brackets are my opinions.

1. When questioned by his IMCA my relative (Mr P) says he is unhappy and dislikes living in a nursing home.
2. Mr P's IMCA has discussed alternative options with him and at times he says he wouldn't be able to cope at home.
3. Mr P's IMCA has explained the option of 24 hour care at home and he has said that this would be worse than nursing home care (didn't want strangers living with him in his home).
4. His IMCA has offered to take him to view other nursing homes but he has not felt well enough to do this (too depressed).
5. The external door to the nursing home is unlocked and he has not been stopped from trying to leave the building (!!!! - he was in a secure unit on the first floor so couldn't get to this door even if he knew where it was)
6. His family wish for him to be moved to another nursing home but as they are not actually asking for him to be released into their care this does not appear to be a clear indicator that he is being deprived of his liberty.
7. It appears to be a difference of opinion between family and statutory services over what is in Mr P's best interests.
8. If there is no other way of resolving the disagreement over where Mr P should live then I would suggest to the Council that it considers applying to the Court of Protection for a decision on Mr P's best interests.

Mr A, I don't know if any of the above is relevant or helpful to you. My relative was in need of 24hr care and he lived many miles from us so we couldn't look after him.
This is not the case with your dad as far as I can establish from your posts. So there must be other reasons why SS believe it is not in your dad's best interests for him to live with you.

The reason for sending this is that I am sure that you will soon find that the "statutory services" cannot sustain this war with you for much longer and will have to get the Court to appoint an independent welfare deputy to help make objective decisions. I was delighted when this happened in our case and although it was a long-winded procedure, in the end my relative was moved to a much better nursing home and everything the council said was proved to be fallacy. They said moving him would be detrimental to his mental health when in fact both his mental and physical health has improved.

 

[simonmonty]

I have listened to your fathers recording and he obviously dose have capacity! It just disgusts me how social services and the care home can get get away with this but sadly dose not surprise me giving the situation with my own mother and dealing with social services and the NHS before my mothers quality of life was cut short along with her life.

 

[Bob S]

I would go so far to say that if the social services are deliberately flouting the MCA 2005 and the procedures for DOLS then they are committing the offence of misconduct in public office. The offence is committed when:

•a public officer acting as such
•wilfully neglects to perform his duty and/or wilfully misconducts himself
•to such a degree as to amount to an abuse of the public's trust in the office holder
•without reasonable excuse or justification.

I believe that their actions amount to an abuse of the public's trust and they have no reasonable excuse or justification for the course of action they have taken.

 

[Mr_Angry]

Information or lack of it

As I have stated SS have made a number of allegations against me but have provided no evidence. I have requested copies of the various mental capacity tests they claim to have carried out these have not been provided. Documentation related to the DOL's request has not been provided. Access to IMCA records has been refused.

What I do have is a copy of my file from the Police national computer, a record of assessment of best interests requirement following a complaint I made that my father was being deprived of his liberty, a confidential letter to my father intercepted by CH management who then proceeded to write on it that my father 'does not understand what it is about and insist he is happy here', a letter from the CH telling me I am banned indefinitely from seeing my father and letters from SS wishing to know my fathers financial circumstances.

At some point I may wish to publish this information on the external web site.

To date the IMCA has shown no interest in protecting my fathers interests. The CH have physically prevented my father from leaving the home. I am still denied access and a DOL's remains in place for at least three months

 

[dottyd]

Hello Mr Angry at last I have managed to get your fathers recording to play. As I suspected your father knows exactly what he wants wth complete understanding of the implications of going home IMO.

With regards to why the SS are trying to stop this, who knows the working mindset of these people. As you know I am fighting the long battle with the PCT who also appear to make it up as they go along.

One thing I do now believe is this, my dad was always convinced that is you had some money behind you and entered the system in anyway i.e hospital ect you would not get home. I always thought this was rubbish even though he gave me many examples of his old friends who in nearly all cases if they had nothing they were back home with daily visits but if they were home owners they were taken away I cannot speak for other areas only here.

The first month dad was in hospital there was plenty of talk of him getting home then I was directly asked do you have POA and does he own his own home?? When they found out I did not and yes he was a home owner then he became too vunerable to ever go home My Dad's words now haunt me

this happened to us too!

 

[Jancis]

As I have stated SS have made a number of allegations against me but have provided no evidence. I have requested copies of the various mental capacity tests they claim to have carried out these have not been provided. Documentation related to the DOL's request has not been provided. Access to IMCA records has been refused.

Mr A, I think you will eventually gain access to these records. I did eventually.