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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22920
Experience:  Senior Partner at Berkson Wallace
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Has a residential Care home the legal or Human Right to

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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.
Hello,

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 2 days 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: 22920
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Property Law Specialists are ready to help you
Customer: replied 1 day 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.