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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The nursing home where my mother-in-law lives have given us

Resolved Question:

The nursing home where my mother-in-law lives have given us one month's notice to remove her. This is because we have questioned the care she is receiving and also raised concerns regarding other residents. We have looked for another home but haven't found anything suitable yet. We have two weeks left before the end of the notice.

Can we appeal against the notice and insist she stays there?

They asked us to sign a copy of a letter that said things like: "A has also taken it upon herself to involve herself in the affairs of other residents at the home and at times questioned the care they are receiving. This cannot be permitted under any circumstances to continue..." also "A cannot be permitted to intervene or question the professional clinical care she receives." (A is my daughter, a registered nurse.)
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is it a private firm or a Local Authority please?

Customer:

It's a private nursing home, registered with the CQC

Alex Watts :

What does the contract say about termination please?

Customer:

We don't think we ever signed a contract. She went to the home direct from hospital.

Alex Watts :

Its bad news I am afraid - this type of matter is subject to contract law.

Alex Watts :

This means any termination is dealt with in accordance with the contract

Alex Watts :

If there is no contract and I assume you are self funding, then sadly they can terminate.

Alex Watts :

This is because the Human Rights Act does not apply to care homes which are private.

Alex Watts :

Even if there is a contract then it could be terminated as per any termination clause in that contract.

Alex Watts :

You could of course try complaining to the CQC

Customer:

Wow! That's amazing about the Human Rights Act!

Alex Watts :

Yes, Human Rights Act only applies to a public body - these are not

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

But try the CQC

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Only regarding our daughter - as a registered nurse, is she entitled to question clinical care?

Alex Watts :

That I don't know sadly.

Customer:

Okay. Thanks for your help.

Alex Watts :

Can I clarify anything else?

Customer:

I don't think so. Thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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