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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25408
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to sue Cambridgshire council and or Dads nursing home.

Resolved Question:

I want to sue Cambridgshire council and or Dad's nursing home. the nursing home have refused to allow me any input into my father's care as they insist my brother has power of attorney. I have written to the courts there is no registered power of attorney nor deptutyship of care in place the council admit they have never seen this document but still refuse to discuss with me. I have been deeply affected by this mentally and feel that the nursing home and council are closing rank over me.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

have you discussed the issue with your brother please?

Joshua :

is your brother having any involvement with your father's care?

Customer:

I have and he refuses to communicate with me which is why I then went to the home and socials services. They All say my stepmother gave her permission however you can't pass on power of attorney,which in fact she never had. Basically my fathers assets and care have been distributed by my step mother without any legal authority.and the home and council have acted also on her authority but without legal backing. My brother lives in France and I live in Suffolk.

Joshua :

my apologies for the delay in reverting to you.

Joshua :

You mentioned that your stepmother has given away your father's assets. Do you refer to money or possessions please?

Joshua :

To whom has she given his assets?

Customer:

Possessions as she conveniently sold part of the land the house was on and set up a limited company in her name only back in 2004 the beginning of Dads illness. At this time he was often confused and Carole was a very manipulative lady. I know Dad would not have wanted that but as I was not allowed to see the Will (it doesn't appear to have gone to probate) and Her sisters and my brother have completely shut me out. Hence all this mental distress. Carole and I did not have a great relationship she was very abusive to me as a child, often physically attacking me and constant verbal abuse,(which Dad also had to experience). this whole affair has taken me right back to my childhood and the start of my mental health issues i am 46 and feel scared and 14 again! Ridiculous I know. This is why the reaction from the nursing Home and Council have hurt so much. They have made decision based on this woman's say so.....which you can imagine hurts terribly and as far as I can is against the law. thanks Josh for attention in this matter. Lisa

Joshua :

Thank you. May I ask - your siblings to whom you refer. Are they your step siblings - i.e. Carole's biological children?

Customer:

no Mark and I are are full brother and sister, sadly!!!!!!!! sorry I shouldn't say that. FYI my brother lied to my maternal grandmother and my natural mother was removed from her mother's will. she would have been left 200k but my brother has this instead. Due to his slanderous lies I know this no bearing on this matter but it helps to let you know the type of people we are dealing with. My brother although going to boarding school did witness Carole's abuse

Customer:

and he even denies this now

Customer:

sorry in keep pressing enter before I finish writing............durrrr

Joshua :

thank you. If your father did not make a power of attorney giving power to your stepmother will brother, then the local authority and care must make what are known as best interests decisions for your father which require them to consider your father's needs primarily but also views of family members which would include you

Joshua :

if you believe that the local authority and care home are not acting in your father's best interests than initially, you can consider complaint to either the care home or the local authority setting out the issues you consider are not being addressed and asking why they are not taking into account your contributions. They do not have to take account of family members wishes but this should be on the basis that those wishes are not in the view of the local authority in the best interests of your father.

Joshua :

In addition, if you consider that they are following the wishes of other family members on the basis of a power of attorney, consider asking them to confirm the basis of the authority under which they are proceeding.

Joshua :

if you are not satisfied with the response you receive, you can escalate a complaint within the local authority to an independent officer for a review of the local authority's decision

Joshua :

at the same time, if you have evidence of abuse in respect of your fathers assets you can ask the office of the Public Guardian to investigate. They will dispatch enquiry officer to investigate your concerns and where they find substance to your concerns, they can take action both in terms of civil recovery and in terms of liaising with the police as necessary

Joshua :

you can contact the OPG's adult abuse team on 0115(NNN) NNN-NNNN/strong>

Joshua :

in addition, if you consider that your father's best interests are not being served by the council or your siblings and you have evidence of abuse or evidence of abuses discovered by the office of the Public Guardian's adult abuse team, you can consider an application for deputyship for your father. Deputyship is similar to an appointment as an attorney except that the appointment is not made by your father but rather by the Court of protection. the court will consider an application by you to be appointed as your father's deputy if it considers that this is in the best interests of your father. Other interested parties have a right to be included in the application.

Joshua :

the application fee is £500 and if you decide to use a solicitor, the costs can be higher than it is possible if the application is successful to reclaim these costs from your father's estate

Joshua :

if you decide you wish to make an application to act as your father's deputy, the forms you required to make the application can be accessed via the following link though website appears to be down just at the moment and so you may need to check back later.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=court_of_protection

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

thanks. I did write a letter of complaint and was not happy with the response ( they basically say I lied and the manager did everything right) they certainly have not considered me at all in this. so I suppose the long and short of it is can the nursing home refuse to speak to me about Dad and accuse me of things I didn't do. I know about the court of protection but I can't afford a dispute and I know my brother would dispute as if I saw what had happened to Dad's money he would be in big trouble.

Customer:

thanks

Joshua :

You can consider a complaint to the local authority and if not satisifed with the response an internal appeal. There is no charge for this service. in addition, the office of the public guardian do not make a charge in respect of investigating concerns you have with regards XXXXX XXXXX fathers potential suspected abuse of his assets.

Joshua :

The local authority must deal with your complaint according to their complains policy and give you a full written response

Joshua :

If you remain unhappy with the local authority's response, you can refer your complaint to the local authority Ombudsman which can reivew the same independently - http://www.lgo.org.uk/making-a-complaint/

Joshua :

The difficulty with making a claim in the courts is that such an approach will expose you to both court fees and councils legal costs if you are not successful. Accordingly the above approaches are lilkely to be more attractive to you

Joshua :

in addition, you have rights to see your father and if you consider that the care home is preventing you from seeing your father by restricting access and visitation, you have a basis to claim that he is being deprived of his liberty and there is a separate process by which you can ask the care home to provide a deprivation of liberty authorisation or reconsider their position. You can request that the local authority carry out an investigation into any restrictions which you consider to be deprivation of liberty. the local authority must act on any claim of deprivation of liberty that it receives and follow the statutory process appointing independent investigators to assess any restrictions that have been put in place and report. There are then means of appeal in respect of any report that is produced.

Joshua :

The courts have held that any of the following can amount to a deprivation of liberty:



a patient being restrained in order to admit them to hospital


medication being given against a person's will


staff having complete control over a patient's care or movements for a long period


staff making all decisions about a patient, including choices about assessments, treatment and visitors


staff deciding whether a patient can be released into the care of others or to live elsewhere


staff refusing to discharge a person into the care of others


staff restricting a person's access to their friends or family.

Joshua :

is there anything else I can help you with?

Customer:

thanks Josh I will have a good read of all these things

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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