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Recording

Brooklyn

Registered User
May 2, 2014
6
Hi
Social work refuse to move my aunt from her current care home as they say she is settled. She was placed there on a temporary basis 15 months ago against my sister and my wishes but with the consent of her sister. Since then we have been awarded welfare guardianship and would like to move her to a home which we feel is better suited to her character and personality. Social work say my aunt has told them she is happy there and does not want to move. The care home say she is settled and has never asked to home or made any attempt to leave, I know this is not true as she tells me she wants to go home to her own house and that she hates every bit if it but sadly we know she is not well enough to return home and feel it would be in her best interest to move to this other home, I have a recording on my mobile phone where she says this clearly. Is it ok to use this as proof that she is not as happy as they would have others believe.The mental health doctor who treated her agrees and has written a letter to social work in support but they are insisting she is happy there. The assessment states she does not have capacity to make these decisions. There is to be a review of care meeting next Tuesday where social work will contest the move. Can anyone please help as the care home are being totally horrible since finding out about our request to move her, I feel physical sick to the point I am shaking going to visit now and if the moved doesn't go ahead I don't think I will be able to continue to visit as this whole situation is making me I'll. Please help.
 

sue38

Registered User
Mar 6, 2007
10,854
51
Wigan, Lancs
Hi Brooklyn and welcome to Talking Point.

I'm not sure where you and your aunt are based, but certainly in England and Wales a Deputyship would only be granted where the person lacks capacity, and so their stated views would not solely determine where they live.

Can you tell us a little more about why you feel the home is not the right place for your aunt?
 

Brooklyn

Registered User
May 2, 2014
6
Hi Brooklyn and welcome to Talking Point.

I'm not sure where you and your aunt are based, but certainly in England and Wales a Deputyship would only be granted where the person lacks capacity, and so their stated views would not solely determine where they live.

Can you tell us a little more about why you feel the home is not the right place for your aunt?
Hi
We are in Scotland, my sister and I believe my aunt would not want to have been placed in this home as many years ago a friend was placed there and she stated at the time that she would not like to stay there. There is only a five minute drive between this home and the one we feel would suit her better. The home she is in is very informal where all residents are sitting in a large room with the tv blaring all day, my aunt is now 94 years old and not mobile, so she is unable to go to her room if she wished,when she was in her own home she never watched tv and preferred quiet, she is always saying there is no peace. The home we felt would suit her better has small wings to the building where there are only 10 residents to a wing and it seams to us she would enjoy this better as she was never one tho join clubs or go out much but preferred to tend her garden and stay home.
Before entering the home she had lived in the same house for over 60years she would never go in holidays preferring home.
 

sue38

Registered User
Mar 6, 2007
10,854
51
Wigan, Lancs
I'm not sure about how much say deputyship in Scotland gives you, but certainly your reasons for saying the home is not right for your aunt sound justified. Is cost a factor, as in would it cost the authorities more if your aunt moved to the other home?
 

Brooklyn

Registered User
May 2, 2014
6
I'm not sure about how much say deputyship in Scotland gives you, but certainly your reasons for saying the home is not right for your aunt sound justified. Is cost a factor, as in would it cost the authorities more if your aunt moved to the other home?
Hi
The cost would be slightly more but this expense would be met by my aunt as her medical care is paid for by the council but what they class as "Hotel" will have to be paid with the sale of her home. The irony is the home she is in at present is private and the one we think more suitable is council.
Do you have any views on the recording, I am reluctant to use it but all social work documentation states the opposite of what we are saying. I think maybe my aunt says everything is fine as her generation were brought up not to question authority, this makes my sister and I look like we are moving her against here wishes when all we want is the best for her and the luxury of being able to visit in a welcoming enviroment.
 

sue38

Registered User
Mar 6, 2007
10,854
51
Wigan, Lancs
I think if the social work are relying on your aunt's stated views to argue she should stay where she is, then you are quite justified in using the recording to show that at the least her inconsistency means she doesn't have the necessary capacity to make her own decisions as to what is in her own best interests.
 

Brooklyn

Registered User
May 2, 2014
6
I think if the social work are relying on your aunt's stated views to argue she should stay where she is, then you are quite justified in using the recording to show that at the least her inconsistency means she doesn't have the necessary capacity to make her own decisions as to what is in her own best interests.
Thanks for your opinion it really helps to have an unbiased view, I'm not sure if it is legal to record someone's conversation without there knowledge and by using it may do more harm than good. Too be honest I am terrified to open my mouth I feel so intimidated.:(
 

Raggedrobin

Registered User
Jan 20, 2014
1,427
You shouldn't feel intimidated, you are trying to get the best for her, you should hold your head high. I completely understand that contrast between the sort of busy, telly led care homes and quieter ones, the first type wouldn't have suited my mum, either. However don't forget you have to factor in the distress a move might cause her but I wish you luck.
You don't need to worry about the recording as far as I know, you are not using it publicly. I recorded my mum at one point to show a doctor what she was doing, because it never happened when he came round. It is in my view sometimes the best way to get a point across, although they may argue that she says different things at different times therefore that isn't the only opinion she has voiced.
 

Brooklyn

Registered User
May 2, 2014
6
Thank you for taking the time to reply, I take on board your comment about the distress of moving home as I have lost a lot if sleep over this, the decision was not taken lightly but with the help of other members of this forum stating for them the positives had outweigh the negatives gave me the courage to request the move and thanks for confirming it's ok to use the recording.


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Tilly Mint

Registered User
Jun 14, 2011
21
Ever since I had a terrible time with Social Services I record everything said, every phone call and every meeting. Too many times in the past I've had them deny what they had told me.
I looked into whether it was legal and apparently as long as you are recording it for your own purposes you don't have to tell them you are recording them.

I had that bullying social worker in our house and she jumped sky high when she heard a noise and immediately asked if she was being recorded but it was just the air freshener going off but it just shows how afraid she was that the lies she was telling us were being recorded.

She was going against the mental health code of conduct but of course at the time I knew absolutely nothing. I was scared of the threats she was making and fretting over her upsetting my mum. I felt totally out of my depth and then I discovered Carers Advocates.

These people will represent you or the one you care for and they know all your rights.

I was advised to get a lasting power of attorney to prevent them doing anything else like this in the future and so that's what I've done.

I don't know how this is in Scotland but maybe you could seek out a carer's advocate for your area and have a word. They are free. :)
 

Brooklyn

Registered User
May 2, 2014
6
Thank you for posting, your story sounds horrendous and I think mine is heading that way. I am going to look into the carers advocacy service you mention.


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