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Is it the Law that SS have to try the least restrictive option?

Sterling

Registered User
Jun 20, 2013
69
Can anyone tell me please, Is it the law that the least restrictive option has to be trialled first even if it is against all NHS advice and family's too? Does the option have to be taken when the risks are so great? SS seem determined to tick the box which I am sure is an unnecessary risk.
 

Beate

Registered User
May 21, 2014
12,031
London
I'm sorry but you'll have to be a bit more detailed - I'm not sure what exactly you're talking about.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
9,259
Yorkshire
Hi Sterling
I believe you are asking about SS insisting that your mum is discharged from hospital to her own home with a care package in place because they consider this is appropriate and this must be tried before considering full time care, when the medics and you can see that this will be unsafe and your mum needs to be in full time care ie a care home
I don't think it's enshrined in legislation - but it does seem from postings here that it is increasingly seen as 'policy' or required procedure - whether by some LAs and/or SWs - especially if the LA will be funding the care
I guess you are trying to find means to fight for your mum
I really do wish you well
and hope someone else can offer a more informed response than mine
 

Sterling

Registered User
Jun 20, 2013
69
Sorry it didn't make sense - worrying and up at silly o'clock fighting a temperature!

All SS would say to me at the Best Interst Meeting is that it is the law to try the least restrictive option ie carers or live in care at home. Is this the case or is it just so they can tick a box?
My mum is fiercely independent and in denial, doesn't want any help and will remove them from her property or run away to escape - it will be a failed discharge. Neither carer options cover 24/7 care which are the medics recommendations.
 

jasmineflower

Registered User
Aug 27, 2012
335
It may be that you need a visit by the relevant person (Dr, social worker?) to assess her capacity. If she is deemed not to have capacity to make the rational decisions they may be able to avoid this step.
J
 

Aisling

Registered User
Dec 5, 2015
1,805
Ireland
Sorry it didn't make sense - worrying and up at silly o'clock fighting a temperature!

All SS would say to me at the Best Interst Meeting is that it is the law to try the least restrictive option ie carers or live in care at home. Is this the case or is it just so they can tick a box?
My mum is fiercely independent and in denial, doesn't want any help and will remove them from her property or run away to escape - it will be a failed discharge. Neither carer options cover 24/7 care which are the medics recommendations.
Hi Sterling,

Virtual hugs,

Aisling ( Ireland)
 

canary

Registered User
Feb 25, 2014
13,434
South coast
Sterling - it is so difficult to watch the PWD going downhill when you know what the answer is, but they wont accept it.
Social Services seem to take make you jump though the hoops. Usually they wont consider residential care until its been shown that carers 4x a day doesnt work (even though you know it wont beforehand) I suspect that, yes, they ticking boxes :(