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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 9631
Experience:  Dual qualified Solicitor and Attorney
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My adult son has PMLD and does not have the capacity to

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My adult son has PMLD and does not have the capacity to consent. He lives in a care home. We are a very close family and visit him every two weeks. My husband and I are joint Court Deputies for his Personal Welfare.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Yes. We were awarded Court Deputyship in 2016. My question was my son S was admitted to hospital via A&E with a perforated Duodenum and was in a life threatening condition. The hospital refused to allow either parent to be with him (one person was allowed under COVID rules) because a carer was with him. They also refused to allow one parent to swap with the carer (meaning only one person was there). No doctor discussed his care with us until 6 hours after admission and we were told we should have asked the carer how he was as opposed to bothering a doctor
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: He lives in East Sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No not really. My complant to hospital was that they prevented my son from access to his parents who were Court Deputies and did not inform of his condition for 6 hours and involve us in decisions over his health. Their argument is that a care home worker was with him.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

There are in essence two aspects to this. Firstly, consent would not need to be obtained whilst there is an emergency ongoing, in an emergency situation the doctors can make decisions on behalf of the patient where the patient could not consent due to the medical emergency regardless of their capacity. If that persisted during the 6 hours, then the doctor could make decision on your sons behalf. That said, it is unlikely the emergency persisted during the whole 6 hours. I do feel therefore you have a basis to complain that being the case you can complain to the trust themselves. If you are not satisfied you can complain to the ombudsman they can then look into this for you and award compensation where appropriate: https://www.ombudsman.org.uk/

I trust this assists

Jeremy Aldermartin and other Family Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you for your reply. It does help but another aspect to it is that a paid carer (from his care home) was allowed to be present with him. When we arrived although Matron of A&E originally said neither parent could enter under COVID rules she refused to allow one parent to swap with carer on grounds that we were not registered Carers. My son has a very close relationship with us and I was thinking could I complain under article 8 of the human rights act as he was deprived of the comfort and support of family. Equally under MCA although doctors could make decisions in an emergency on Stephen’s behalf they should still consult with Court Deputy if practical and appropriate. As we had given our phone numbers, were outside the hospital, had explained our role etc (also details in hospital care passport) then could I argue it was practical and appropriate to consult

Thank you for your time on the phone, you could argue about human rights act however I think the more pertinent argument would be that you are deputies and they failed to keep you informed so you could make a decision if you needed to. I do believe their failure to keep you informed fell below the standards to be expected. I trust this assists

Customer: replied 11 days ago.
Thank you so much Jeremy for your answer. You gave a clear, concise and reasoned argument. Your professionalism, calm manner and presentation made your answer easily understood and has helped immensely. I would highly recommend you. Thank you again.

Happy to help, take care