Council’s restrictions on couple’s contact were neither ‘justifiable, proportionate nor necessary’

https://www.communitycare.co.uk/2018/12/07/councils-restrictions-co...

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I was unfortunately involved with Leicestershire County Councils DOLS TEAM.

My Husband lost Mental Capacity, as a result of chronic liver disease.

He was placed into a Care Home, because i was having to work full time, and he was having daily epileptic seizures, as well as Myself suffering from long term chronic  medical conditions.

It all started when my Husband managed to get out of the Care Home, he very nearly got ran over by a car.

The first thing i was to hear about this is when i had a call from a Best Interest assessor.

The BIA, stated that the Care Home Manager had put an Application in to the Local Authority, to place my Husband on a Deprivation of liberty safeguard.

The Care Manager conduct was totally out of order, because i was my Husbands Power of Attorney, also Court of Protection Deputy via the Court of Protection, and held Deputyship, over my Husbands Health and Welfare, and Property and finances.

I used the Care Homes complaints procedure, but the Care Manager, stated she could do what she liked, and she had the power to prevent me from visiting my husband, if i made future complaints.

The Best Interest Assessor, also stated that she would put in a recommendation, that in her opinion, i was not fit to become the Relevant Persons Advocate , relating to my Husband.

It is usually a Family Member that takes on the Role, and only if there was no Family Member willing to take on the position, then an independent paid Advocate is brought in to do the job.

The BIA, was only talking to me on the telephone for no more than ten minutes.

She based the decision, on the fact that i had severe long term medical conditions, and chronic pain, which does result in depression.

I did state that the BIA, Sharon, was breaching the DOLS Policy.

She even stated that if i did not accept her recommendations, she had the power , to stop me seeing my Husband in the Care Home, totally not in his best interest.

She even went to assess my Husband in the Care Home, without me being there.

Arrangements were made for myself, my Husband and her to meet at the Care home around 12pm.

She very underhandedly went into the care home at 10am.

The Local Authority allowed me to become RPA, in the end, with perseverance and lots of stress i was allowed to take on the Role.

The BIA, also failed to contact other Family Members regarding Their input and opinion, which was also breaching the DOLS Policy.

Amid all this trauma, i decided to take a day out and go and visit a church Friend.

6pm, i had a call to my mobile phone, from a Psychiatrist, he stated that he was going to visit my Husband at 7pm, in the Hospital, as a part of the DOLS Process.

I told him that i would not allow him to assess my Husband , without myself being present.

For one thing, i did not drive and could not get there on public transport at that time of night.

He had a moan,and said he would not assess my Husband that night.

The next thing i dreaded was the backlash i would get from the Local Authority, as in the fact, i thought the Psychiatrist, would suggest that i was not cooperating with the procedure.

But i was quite surprised that the LA, agreed with my stance.

My husband regained Mental Capacity, and is now at home, greatly improved, and i am caring for him full time.

In this case the DOLS issues left me with constant anxiety, caused by the BIA, opinion, regarding her stance that i was as thick as a short plank, and that i was an utter nutcase, based on a 15 minute phone call , without ever meeting me in person.

I was in fact working full time as a community nurse, at this time.

The new Government draft policy, of allowing care home managers to make every decision pertaining to a Residents and Mental Capacity is somewhat very worrying, as the Care home manager was so against me, because i was prepared to use the various complaints procedures, regarding very poor care, and also her breaching the DOLS Policy with regards to her not informing me that she had put a DOLS Application in, in the first place.

Under the new draft policy, i could of been left with egg on my face, being prevented from visiting my Husband.

I told the BIA, that we dealt with these kind of Adult Social Care cases, within the Court of Protection cases regarding PAIN.

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