Gransnet forums

Care & carers

What are the legal implications of removing my schizophrenic mother out of a care home, and taking her home?

(7 Posts)
Susiewong65 Sun 12-May-24 21:10:36

Each local authority has a Deprivation of Liberty Safeguards Team DoLS ( usually a senior social worker) who are responsible for ensuring that people who have had their liberty removed against their will have their views and opinions heard by a judge in The Court of Protection.
The setting that is detaining your mother against her will must apply to DoLS for the legal framework that justifies her being detained.
I suggest you contact the care home manager first to see if this has been done and if not then I suggest you contact the local authority DoLS team and start the process.

Cabbie21 Sun 12-May-24 20:56:43

Sorry, I should have typed CQC not QCA
www.cqc.org.uk/about-us/fundamental-standards

Cabbie21 Sun 12-May-24 20:53:40

I can only sympathise, as the care home one of my close relatives is in (for long-term Mental illness) is far from ideal. But she was placed there on discharge from hospital after being sectioned, so cannot be removed. She is NHS funded. There was a long decision- making process to which many people contributed, including her daughter who has LPA, but I think having been sectioned there are strict regulations.
At one point the care home was labelled Unsatisfactory, but has progressed to Needing Improvement. Occasionally the daughter has reason to speak to the Manager of the home, the GP and Adult Social Care and complained to the QCA.
On two occasions, at Christmas and on Mothering Sunday, the Home knew her daughter was coming to take her out for a few hours, but on both occasions they had not stopped her from going back to bed after breakfast and would /could not wake her when the daughter arrived, so she missed out on a family day.
Sorry, this does not answer your question. I think you need to know on what basis your mother was placed in this home and if she is under NHS funding.

Casdon Sun 12-May-24 20:51:16

Are you her nominated next of kin Ericjones, and if so, have your siblings all agreed that it would be best for your mum to receive the care she needs at home?
If you all agree, and assuming your mother is deemed capable of making her own decisions, you don’t need permission from the care home to remove her, but you do need to meet with, and have confirmation from the social work department that the Local Authority would fund care at home for her. Presumably she’s not under a section?

Ericjones Sun 12-May-24 19:40:52

Where can I find legally qualified person who knows about this sort of thing? Is it expensive? I don't have much money. I tried calling Citizen's Advice, but after being kept on hold for ages, the call was disconnected.

Yes, she is Council funded, with our family paying for extra services if needed.

I can cope with all of her medical issues, I've done it all before. I almost kidnapped her four days ago, when I took her out for a walk in the horrendous all-plastic care home garden.

There are multiple issues with the care home, and it does sound as though no progress has been made by the care worker, and long continuous pressure will need to be applied in order to make minimal changes which won't improve her experience of living there any better. Firstly there's the doorbell to the care home, which for some reason has been tied into the same system which residents use to call for help, via a button pad next to their bed. Why on earth has a call for help from a resident been combined with the doorbell? How on earth are the nurses supposed to discern one from the other? It's the same "BING BONG!" noise for a potentially life threatening situation and a request for entry. The nurses answer neither category of call anyway, and the alarm units sound continuously day and night, keeping my mother awake. There's one in every corridor, and they all go off at once, once they start they never get switched off. They sounded for the entire 6 hours I was there. Moving her to another room will have little reduction effect on this highly antisocial loud and continuous noise, because there are huge gaps under every door. The doors are transparent to the noise. The only escape from this godawful din is to leave the care home.

While I was there, a nurse dropped one of my mother's pills and it rolled under the dining table - I had to point a pocket torch under the table to help him find it, and he promptly administered it to my mother when he did. Hardly hygienic.

My mother is verbally abused every day by another resident when they sit down for breakfast, lunch and dinner... because they always place the abusive resident directly next to her. She screamed abuse at my mother and threw a drink at her, while I was watching. I recorded audio and can prove that happened. One of the other residents told me that happens every day, and she can't understand why the abusive resident is placed at the same table next to my mother and everyone else, every mealtime. The care manager denied the abuse ever happens. Quite honestly, it was touch and go the other day, I almost took her home.

What effect could contacting the care home directors have? They would likely deny abuse happened too. I suppose they could "Look into" hiring a receptionist, instead of combining a critical call for help with the doorbell, but I expect they are trying t o keep their operating costs down.

I've started a complaint about the care worker, she may not ever speak to me again. She also objected about my recording all of our phone conversations, like the care services do mine. I'll go to the Ombudsman if I have to, for all the good that would do. The care worker selected this care home with no input from me, this awful care home in the wrong city 100 miles away from my home.

Cossy Sun 12-May-24 19:04:21

I would suggest you research, speak to another legally qualified person and read up on deprivation of liberty, there’s lots of info online. I’m guessing as your Mum has been moved she is council funded?

Please, please don’t do anything hastily. Your dear Mum may have developed other issues and/or medical conditions.

Have you tried speaking with the care home manager, if that fails then you have the right to contact the care home directors.

Ericjones Sun 12-May-24 18:47:42

Hope I'm in the right forum.

My mother is 78 and has suffered with schizophrenia for most of her life. I looked after her for many years, then my sister took over, but after a few years put her into a care home without my knowledge - had I known, I would have looked after her. She is very unhappy, and I would like to take her home, but I have no idea what the legal implications are. Can my mother be removed from my care, after I have rescued her from her awful care home? I've tried talking to her social worker, but am getting nowhere. Despite saying I would be informed about decisions regarding my mother's care, I didn't hear from her, and she was moved to an even worse care home. I really don't know what to do. There was no POA in place of any sort, no family member has one. I don't know what legal "safeguards" are in place to keep her in her new care home. How much legal trouble can I get into, if I simply brought her home?