How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23335
Experience:  Senior Partner at Berkson Wallace
Type Your Property Law Question Here...
Stuart J is online now

Has a residential Care home the legal or Human Right to

This answer was rated:

Has a residential Care home the legal or Human Right to block ALL types of communication between the resident and loving relatives. e.g. letters and flowers not being passed, all letters, photos and emails from relative to to Care home Manager being ignored , trashed or spammed . The phone being slammed down whenever we try to make contact?This action is in response to a narrative and dictate of a vindictive next of kin daughter whose wishes the Home have accepted. My aunt is being deprived of a life long mutual, close loving relationship with me ( and my family). .This has been occurring for the few weeks my aunt has been in the Home.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: I have provided the Social worker ( Friday 29 November) working for the adult safeguarding team with much correspondence, although not exhaustive, who told me by phone that their remit is to be neutral. She was going to read all the emails, speak to her manager and get back to me. I have spoken with the CQC yesterday and they say they cannot take up the case via my 'third party' complaint: it has to come from the Social team or worker. They have flagged it to an inspector to whom has been made a request for a chat. I was given the Ombudsman phone number and they say I have to make a formal complaint on a regular basis to either get a negative response to the complaints when they will look into it further or get a positive response and reverse the situation. The Manger to whom th complaint must be made is the very person who is responsible for all the 'blocking'. Each complaint would have to be made by recorded delivery, which early on would recognize the letter and possibly just trash it.
JA: Has she talked to a lawyer about this?
Customer: Who is she?. My aunt knows nothing of what is going on. Perhaps that Leonard is interfering again. She is 94 and has been for some under the influence of her daughter who feeds her lies about me and my family. My aunty has told the Social worker that she does not want us to visit. I have yet to question closely about the questions put to my aunt. For instance does she love Leonard, 'her boy'. If so why not a visit. She could have no reasonable answer because we have never fallen out . She is 'frightened of her daughter who has ,to be fair, provided lots of care when her mum was living at home. The daughter has an LPA for finances only that commenced about November 2018. wanted to adopt me as a 3 year old when my mother 'left' ( 1943) nevr to return but my dad refused.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The story is detailed . It might be better if I answer all questions that may seem relevant to the Lawyer.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 5 months ago.
How long has a response supposed to take?

I have been asked to look at this for you. I apologise for the delay in keeping you waiting.

What you have to accept is whether the vindictive daughter is allowed to do this or not and whether the care home is allowed to do it or not, the fact remains they are.

You can’t beat either of them with a rolled up newspaper until they agree to let you see your aunt and they will not, your only remedy is to take both of them to court. You may find that the home is not particularly willing to enter into litigation and may capitulate at the threat of court proceedings particularly if they come from a solicitor.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

As it is, if the daughter does not have Power of Attorney over Health & Welfare, then she is not allowed to dictate who the aunt sees. In the same way that the home will not want to get involved in litigation, they didn’t want to get into a family argument so they simply took the line of least resistance.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23335
Experience: Senior Partner at Berkson Wallace
Stuart J and 3 other Property Law Specialists are ready to help you
Customer: replied 5 months ago.
you have said the daughter can do this and later because she has no LPA for Health and Welfare cannot. Please explain what seems to be a contradiction. So far I have decided to complain for 12 weeks and if no joy then see if the Ombudsman will look into it. Have you thoughts on this route?I may have to take the advise to use a solicitor, which I think is good advice and I have been dwelling on it.
Customer: replied 5 months ago.
Is there a reason why you have not responded to my second question/paragraph?

I apologise. That is my typographical error.

If the daughter has Power of Attorney over Health & Welfare, then she can do this.

If she does not have then she cannot.

I am not aware that there is a Ombudsman governing care homes although you have found one, brilliant. At least the ombudsman is free.

You may find that although you pay for the solicitors letter, it’s quicker.

I apologise for the delay in getting back to you. For some reason, your reply didn’t feature in my inbox as waiting. It usually only happens after a week, but I know longer get notifications that you are waiting, but for some reason, it happened earlier for which I can only apologise. Kind regards

Customer: replied 5 months ago.
Thank you. No apologies necessary. Ombudsman route has to show you have 'complained' for 12 weeks.My aim is simply to try to get the Harrow Safeguarding Team and the Management at the Residential home of my 94 year old dear aunt Helen to re-educate her and explain i had nothing to do with her placement after she left hospital, for which her daughter blames me and her mum believes it. I had no input in any decision. So far the above parties are content to let my aunty believe the lies and she now wants nothing to do with me and my family, and this is after a lifetime of mutual love and care.We cannot communicate in any way with her. She is not being given a private and confidential recorded delivery letter with photos. No response to where the letter now resides. Probably given to the daughter.

I bow to your superior knowledge on the Ombudsman but the usual criteria is that you have to have had an unsatisfactory “end of line” response or not had a response at all, within an eight week period and then you can refer it to the Ombudsman.

This one may be different.

You don’t have to have complained continually over the period, it just has to be an unsatisfactory apply or nil reply within that period.

Thank you also for the extra information.

Can I answer any more specific questions?

Customer: replied 5 months ago.
Thanks for your input.

I’m glad to help.