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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5391
Experience:  Dual qualified Solicitor and Attorney
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About two weeks before the Lockdown, I had arranged for a

Customer Question

About two weeks before the Lockdown, I had arranged for a small tea party to be held for my mother's 93rd birthday in the home. A week later it was changed to a smaller group in the conservatory. A few days later a director in Wolverhampton banned it outright. I complained and tried to speak to the man and the situation blew up into a full scale war of words. He then honed me, e mailed me and sent a signed for letter and phoned again saying I was banned from all of their premises for life. With lockdown being lifted, I obviously want to see my mother again and she wants to see me. I havent told her about the ban. I need legal help to deal with this and am insured.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in Scotland half way between Edinburgh and Glasgow. I have not spoken to a lawyer yet.
JA: What steps have you taken so far?
Customer: Since the ban, I wrote to the Directors of the company and got a short note back telling me that the CEOs decision is final. The CEO signs himself as CEO but is not listed as a director or officer.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a bundle that needs up dating with full correspondence, contemporaneous notes and statement.
Submitted: 9 days ago.
Category: Law
Customer: replied 9 days ago.
will send more detail after initial discussion.
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, so he has banned you for life from visiting the nursing home because you disputed him deciding that you could not hold a small event for your mothers 93rd birthday?

Customer: replied 9 days ago.
It did get out of hand and tempers flew. His name is ***** ***** ex banker and he was very aggressive eventually causing me to fire too. Unfortunately I have had a form of bi polar for 42 yrs and am on medication. When provoked I do tend to go off the deep end and I should have just shut up. However he was persistent using mobile, phone e mail and special post delivery. I basically want to be able to visit my mother again. I am her eldest son and POA (full). There may be a case for compensation etc etc but permission to visit is all I want.
Expert:  Jeremy Aldermartin replied 9 days ago.

I understand. All residents (or someone on their behalf if they do not have capacity) will have signed a contract before entering care, and this may contain provisions on the home's rights to restrict access, so you should check that. A number of the fundamental standards, set out in the Regulated Activities Regulations 2014, are relevant to allowing care users to have visitors. In particular Regulation 9 requires providers to provide person-centred care, including meeting a service user's preferences, and Regulation 10 requires providers to respect a service user's privacy and support their autonomy, independence and involvement in their community. In addition, Regulation 16 specifically requires service providers to investigate and take proportionate action as a result of complaints. The CQC's guidance on the standards goes into much further detail, including that a service user's relationship with their loved ones and visitors must be respected, and that people making complaints should not be discriminated against or victimised. CQC refers to placing conditions on relatives' visits, but these conditions must be proportionate and the provider must be able to prove that this is not an attempt to punish those relatives lodging a complaint. Therefore, I recommend you complain to the CQC here: https://www.cqc.org.uk/contact-us/how-complain/complain-about-service-or-provider

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