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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice
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On Tuesday the manager of my mothers residential care home

Customer Question

On Tuesday the manager of my mother's residential care home told me that, as she could no longer walk satisfactorily with her frame, she couldn't stay with them any longer. A doctor assessed her yesterday and found her well in every other respect and she even managed to walk around her room with the aid of a frame. The manager said she was "putting on a show for the doctor". I have looked at the admissions small print and there is nothing to say lack of mobility is a criteria for asking a resident to leave. My mother is 92 this month, has only been there for 9 months and took a long time to settle. I feel to uproot her again would be to her detriment in so many ways. She is a delightful person, a very sweet, elderly lady so I can't imagine they would really want her to go but are they within their rights to ask her to leave merely because of mobility even though it is not a nursing home
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do they have the facilities and the staff to cope with her lack of mobility and is anyone else similarly got a lack of mobility to the same extent?
Customer: replied 3 years ago.

They are certainly coping with it at the moment. I have seen them transfer her to a chair on several occasions with 2 members of staff. It is done relatively easily and she has plenty of strength in her arms to push herself up. There are other people confined to their rooms but I'm believe that is because they are too poorly to join the others in the main lounge or they just prefer to stay in their rooms. The home has wheelchairs but the manager told me they are only used for short spells and not as a permanent thing. I have seen so sign of hoists being used but my mother is very light, there is nothing of her.

Expert:  Jo C. replied 3 years ago.
Thank you.

I appreciate that your mother is very light but an individual is not supposed to lift more than 20 kg without assistance.

It appears that the home simply do not have the facilities to cope with someone who lacks total mobility and one of the things that they will be concerned about is not only your mother injuring herself but also their own staff injuring themselves if they do not have the facilities to train people and indeed, if they do not have trained people to deal with people with a lack of mobility.

In addition, the home is a private organisation and in exactly the same way as a hotel is free to choose its guests so is the home provided that the reason for not wanting your mother is not based upon any of the usual prejudice such as race, sex, religion etc.

Other than make a complaint to the home and perhaps the social services there is no legal solution for you.

I don't think this is something that social services will get involved with for the reasons which I have explained earlier.

I'm sorry that this is bad news for you.

Can I clarify anything for you?

Jo
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Customer: replied 3 years ago.

Thank you. It is as I thought but I needed it clarifying by an expert. Such a pity as I don't drive and am able to see her most days as she is within our village. It will not be as easy if she has to move elsewhere and she depends on seeing me so much. What a pity this was not made clear in the admission details as I never dreamt we would have to find somewhere else so soon.


Thank you again for your help.


Jill

Expert:  Jo C. replied 3 years ago.
I just wish I had better news for you.

However even if it had been made clear at the outset it would not have changed things although you could obviously have had your mother in a different place from the outset.

However it would not have altered the travelling position.

Jo
Expert:  Jo C. replied 3 years ago.

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