Rights of an alzheimers patient

[noelphobic]

Frnm the United Kingdom Parliament web site:

http://www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights/jchr201206pn05.cfm

Just had a quick read through and they seem to be talking about rights of older people in care or hospitals in general. I think the following excerpt refers to what we have been talking about

The Committee is separately inquiring into the meaning of “public authority” for the purposes of the application of the Human Rights Act. That particular issue, which relates among other things to the applicability of the Human Rights Act in cases where local authorities have contracted out the provision of residential care to private care homes, will not be considered in this inquiry

 

[daughter]

doh! sorry!

 

[noelphobic]

Still looking, but what I've found out so far:
The Human Rights Act applies only to public bodies, or quasi-public bodies. Therefore a person in a private nursing home paid for by the LA is covered, a self-funded person is not. (not suggesting you would, of course )
Jennifer (still looking)

It's rather ironic that in most other areas of life - education, care in hospital are the ones that spring to mind - 'going private' usually means you are more likely to be better looked after. If you go into a private home and are self funded not only are your fees likely to be higher than those of a publicly funded resident, you are also not covered under the Human Rights Act! As someone else pointed out, convicts who have committed heinous (sp?) crimes ARE covered by the Human Rights Act!

 

[noelphobic]

doh! sorry!

nothing to be sorry for. It may also be me misinterpreting it. Either way it is useful because they do touch on the fact that private residents are not covered and it does say it is something being looked at.

 

[daughter]

Thanks noelphobic!

'going private' usually means you are more likely to be better looked after

I also find it strange that many of the carers in my Dad's privately run care home have left to go to the NHS because the pay is better. I thought it would be (used to be?) the other way round.

 

[Dina]

Incredible!!

This from Age Concern website:

http://www.ageconcern.org.uk/AgeConcern/131201CF63CA4A6683385D620E493F93.asp

 

[DeborahBlythe]

"I am anxious to find out where the elderly stand in The Human Rights Act".[/I]
, maggie

They stand in a hole, Maggie, if they are in a private care home.

http://www.ageconcern.org.uk/AgeConcern/care_home_loophole.asp

However, even if the Human Rights Act had been solely designed to embrace all our favourite private care home providers, I wonder how many people would rush off to court to use it? How many people have the time and the money to use legal remedies? How many people even like resorting to CSCI which already has a raft of standards by which it evaluates care?

CSCI is there to see that another Act, The Care Standards Act is enforced, but not many people like resorting to it, because it feels risky. Even using a complaints process in a care home feels risky, because it is so damn difficult to find a home which is suitable, and because there is very little choice, and because it is possible for private care homes to get the hump and decide that they can't continue to provide the care.

I don't know where the advocacy for people with Alzheimers in care homes is. You could try asking if your local AS branch has anyone who acts as an advocate or resident's friend. You could check whether in your locality there is any specific mental health advocacy project. Mind runs some, I believe, and there may be others run by other voluntary or charitable organisations with an interest in mental health issues or older people. Some local authorities run advocacy schemes, or commission voluntary groups to do so. Ask your local CAB as a starter. Or check out this website

http://www.actionforadvocacy.org.uk/

 

[jenniferpa]

You know, I'm not sure how much good extending the Human Rights Act would be(although obviously it should be done). If a home fails to feed an elderly resident appropriately, there are already criminal and civil remedies that can be taken. I doubt if the knowledge that the human rights act could be invoked would make a great deal of difference in these situations. I expect there are other areas where it would be pertinent - I just don't think the example that the AC site gives is a very good one. After all, for it to be relevant, then every funded nursing/residential home resident would be receiving appropriate nutrition, and sadly, I doubt that is the case. From reports I have read, there are quite a few elderly hospital patients suffering from malnutrition and they ARE cover by the act. I wonder why they chose to focus on the issue of malnutrition (at least on that page)?

Jennifer

 

[eiggam]

Deborah,
The web site on advocacy was very good. Thank You, could not open the link for parliment.
I'm looking into providing my Mum with an advocate, and see how far I get with that little request.
Still going to look into the other links.
Oh...I realize how difficult just geting through the door on Legal matters can be.
I also know that "The Court of Public Opinion" has great weight, and this forum has many people who have similar issues.
My Mum is not self-funding, and for reason's I am not sure of, my Mum does not have to pay for where she is.

So no 'hole' yet Deborah, although I feel I've been treading water long enough.

I understand how frustration builds, and bubbles to the boiling point, and emotions are always on the surface, because it is so personal, when it's our Mum or Dad. The Legal system is so impersonal, no emotions allowed, where the Law is concerned.
This forum has helped vent some frustrations, to where going forward is easier after I can unload, knowing someone is listening. It helps, and thank you all.

 

[lynjim]

homes

it does not matter if you mum is paying or not in a residential home my mum has dementia as well. I have worked in residential care homes for the past twenty five years and we always encourage the family's to do whats best for there mum or dad also the other residents might take an interest as well if somebody is coming to read to one of the other residents. take care you do whats best for your mum

 

[eiggam]

Lynne

Lynne,
My Mum is in an EMI Home, and I know She is not the easiest of Patients, another reason for a companion, because my Mum is a busy Lady because She does not like being alone.

Twenty five years in residential care, have you ever heard of an advocacy for an elderly patient, especially alzheimers. Any suggestions what I can do for my Mum to have a companion/ carer to be there every other day.

How have the wages changed since you started this type of work. I understand wages increase with training, are there any types of training specifically for dementia patients that you know of.

Am I right in saying,” no-one needs any training to get a job in a Care Home, whether EMI or residential, any-one can work with the elderly as long as they haven’t be convicted of a crime.”

I’m really trying to do whats best for my Mum, finding ideas and ways for other people to make my Mum comfortable is new for me. You would think that Care Homes would offer help in how to make an elderly patient settle in to a new and sometimes cold environment, such as people or agencies who offer companionship for a small fee, with certain skills, and services, instead of a them and us type of situation, which blows more cold air on an already chilling reality.

Thank you for your encouragement, where would we be without people like yourself, who have a tough job, with little reward, and little pay, caring for our parents, who do not want this service in the first place. Thank you.

 

[eiggam]

Daughter, Hazel

\This web site you gave was very good.
http://www.parliament.uk/parliamenta...201206pn05.cfm

Found this info. and I may post in a new thread for others to read, and hopefully
write:
Please write.... Anything and everything you feel you need to say.

>> from web site above>>>

The Committee would welcome detailed views on practical means of securing the human rights of older persons and positive examples of good practice in the treatment of the human rights of older persons in hospitals and in residential care, including by reference to the approach of other countries.

The Committee would welcome written evidence from interested individuals or organisations on any or all of these matters, to reach the Committee by 16 February 2007.

Submissions should be addressed to Nick Walker, Commons Clerk of the Joint Committee on Human Rights, Committee Office, House of Commons, 7 Millbank, London SW1P 3JA. Electronic submission is acceptable, but a signed hard copy should also be sent. In any event, witnesses are asked wherever possible to accompany hard copy by an electronic version, preferably in Word format, and e-mailed to jchr@parliament.uk.

Evidence becomes the property of the Committee, and may be printed, placed on the Internet or circulated by the Committee at any stage. You may publicise or publish your evidence yourself, but in doing so you must indicate that it was prepared for the Committee. Evidence published other than under the authority of the Committee does not attract parliamentary privilege.

 

[Shaky]

Useful links

These may help you with information . . .

www.fightthebureaucracy.co.uk/forum/

www.************

www.continuingcarecampaign.info

http://groups.msn.com/Freenursingcareinformation/general.msnw?
action=get_threads

http://www.fightthebureaucracy.co.uk/bulletin

These pages advise the UK public on their right, under existing law and the Coughlan case, to free nursing care 100% funded by the NHS - known as Continuing Care.

 

[eiggam]

fight the bureacracy

Twice I tried to join that website, and still no email confirmation.

After reading for two days, it seems the system is built to make us (the public) seem small and insignificant. No way to get a foot in the door, and if you find a door, and sit down in-front of a person, chances are, you will forget what you came there for.
That being said, if no one voices there objections, if no one writes, or complains to who ever they can, then how will change come about.
I am going to write to this Parliament person, and offer some of my ideas, and suggestion as to what can be done for the elderly's Human rights.

If enough people write with their own ideas, and opinions on how a Care Home can be more friendly. more welcoming, at least it will be a small way to voice your opinion, just by sharing hobbies their parents were interested in. Even prisons have a playground for criminal to get out and walk around.
What about a good gym, with an instructor once or twice a week.
What about offering classes that residence can sign up for.
Flower arrangement class.
Makes me think of what kinder garden children have to do, cutting out pictures from old magazines, or catalogues, with plastic scissors. Play dough making bowls, or anything.
It will keep minds occupied.
I hope other people will add there ideas, and send the letter.
I am going to ask this website if they can offer any ideas for us, and put a new thread up about Parliament asking for ideas.

 

[Cate]

Hi All

I have to say I was shocked to read this post. I cannot understand why any NH would want to limit visits, what ever the reason for the visit.

Maybe we are just lucky, but the NH where my mum now lives actively encourage visits, in their view, when A B C and D are having visits from friends and relatives, it gives them more time to spend with X Y and Z who have not............... seems sensible to me.

They also encourage volunteers............... a lady goes in once a week to do aromatherapy sessions..............

You can spend your visit in the main lounge, however we tend not to, as they can be watching t.v. in here, and its annoying to have somebody chatting in the background (I know this would drive me nuts).............

They also have a 'family room, which has all sorts of toys and games for when children visit, or you can simply visit in the residents own room, or failing that, you can go along to the coffee shop (where you make your own drinks)..... mum loves to do this, because for obvious reasons they dont let residents make hot drinks on the unit, but she feels that she is being the 'host' offering and making us a drink.

Mum loves to 'help' at the NH, so she helps collect and washes up the cups now (something she packed doing in at her own home). I had to laugh she complained that their 'cheap' washing up liquid gave her dish pan hands' so at her request they bought some Fairy!!! When I took her back yesterday after she had come home with me, the nurses were teasing her that she was missed because they had to wash the cups, she was tickled pink. This one small thing makes her feel a little useful.

As I said earlier, I was shocked to read that a home would not be happy for someone to come in to read to a resident............. I think I would be suspicious about their reasons, I would have thought, it should be home from home where at all possible.

Cate

 

[noelphobic]

There was a report in the 'Daily Mail today about an 83 year old Alzheimer's 'victim' who is challenging the fact that residents in private homes are not covered by the Human Rights Act. She was evicted from the home because of a problem between the family and the management of the home. This is going to be challenged in the Court of Appeal tomorrow with the backing of the Government's Official Solicitor.

Unfortunately I cannot find an online reference to the case but the implication is that, if she wins, it will set a precedent and potentially be helpful to 300,000 care home residents. It does say that if someone is in a private care home they are not covered by the Human Rights act irrespective of whether they are self funded or local authority funded.

That's a shocking amount of people who aren't covered and I am sure there would be a public outcry if they were anything other than frail elderly people!

 

[jenniferpa]

It does say that if someone is in a private care home they are not covered by the Human Rights act irrespective of whether they are self funded or local authority funded.

I think they haven't quite got their facts right. If an individual is placed in a private home by social services, under a social services contract, they are covered by the human rights act.
http://www.rnid.org.uk/information_...ation_for_deaf_and_hard_of_hearing_people.htm

The relevant portion
"The Act also covers activities that private organisations carry out for a public authority. For example, these activities could include looking after residents in a private nursing home under a contract with the local authority. "

I still say this is a red herring. The Human Rights Act doesn't give any new rights - simply makes it (slightly) easier to bring a case, because you don't have to go to Strasbourg.

Jennifer

 

[noelphobic]

further link to what looks like the same story

http://news.bbc.co.uk/1/hi/health/6248873.stm

 

[eiggam]

noelphobic

Found the story, went to The Daily Mail, did a search for Alzheimer's in Care Home has no right's, and it. Shocking, just shocking.
Thanks for the info.

 

[eiggam]

Nada

Maybe it's all about the word 'Right's' still can't understand why we have to write down what we can ask for face to face. If the Home has certain policies, then that's what we would have found out.

Thank you for the phone number, but...I will wait and see what comes from my letter, and I will let people here know what we are told.