Supported Living Complex stopped residents from leaving their flats

[LudoBear]

My godmother is 76 and lives in a Supported Living Complex. This means she has her own flat which she is responsible for. She pays rent, pays all the bills etc. The whole Complex is owned by a housing association. Originally it was just regular flats for anybody over the age of 55. An extension was built which added another 30 flats. The new flats are for people who require some form of care to help them to live independently. It is not a care home. It is no different to a care company visiting people in their homes to provide some care like to help to wash, cook meals, remind to take medication etc. There is an on site care company who provide care to those who need it.

My godmother lives in the old part part has done for 15 years. She receives no care whatsoever.

The manager of the care company decided to follow the rules of care homes and would not allow visitors in including would not allow anybody to leave their flats (none have any form of outside space). They couldn't go out and do any shopping. They were basically forced to stay in their flats. Once we came out of the first lockdown they were allowed to go out but were not allowed visitors in.

My godmother has no family so I would order her food online and somebody from the care company would take the delivery to her flat to her.

Access to the flats are through a set of doors which the manager kept locked. The only way out of the building other other that door is through fire doors which are alarmed.

Sorry this is long but wondering if this was acceptable or even legal? These people all have capacity to make their own decisions. During lockdowns we were allowed one hours exercise daily. These residents were not allowed to!

Godmothers health has gone downhill. She was an independent lady who was out and about every single day.

I met up with her today for the first time since last summer and was shocked by her appearance. She has lost loads of weight, her skin is sallow, she had no make up on (she wouldn't even put the bins out without make up on before), and she was a bit whiffy so her personal hygiene has gone downhill too.

Id love to know which HA this is.

If she has an assured shorthold tenancy then no they can’t restrict who visits or her leaving. They can ask her not to allow visitors in any shared communal spaces.

Deprivation of Liberty rules would be relevant.
If individuals were breaching Covid rules around visitors outside of bubble rules that would be a police matter to enforce. Not the site staff.

Totally inappropriate actions from what you said.

yeah, it's totally illegal. It's called 'Deprivation of Liberty', and it's a criminal offence. You're only allowed to restrict somebody's liberty, say, by locking them in their room at night IF you legally apply to do so, and there has to be sane, valid reasons for doing so, so, if somebody has dementia and 'wanders' at night and there are no 'staff' to supervise or 'night watch'. DOLs (Deprivation Of Liberty Safeguards) are part of the mental capacity act and the law is quite strict. It has to be to protect only, and you have to apply for the powers to do this; you can't just decide to do it for yourself, on a whim. Seek legal advice.

@MercyBooth, I don't know about the OP's relative. But my friend lives in an Extra Care village.

I oversee extra care schemes as part of my service at work for a housing association, and you can absolutely not restrict people on leaving their properties.

What we did do was try to restrict customers from having large meet ups in the communal areas but once the weather improved encouraged this in outside spaces.

Visitors were permitted to individual apartments so long as they signed in and used the track and trace and wore a mask in communal areas.

Seems odd that the care provider who is enforcing the rules. The landlord is the one with the responsibility here, Id approach them

I think there has been a change to the DOL process, under the Covid emergency measures.

If she has an assured shorthold tenancy then no they can’t restrict who visits or her leaving. They can ask her not to allow visitors in any shared communal spaces.

This is what I think. She just has a flat, like you or me. My LL can't stop me leaving my home.

Unfortunately older people tend to be rule bound and compliant and don't tell people. Now you know, time to make a fuss.

That's outrageous. My mil lives in exactly the same kind of place - they did ban visitors to the complex (apart from health care workers) and didn't allow them to use the communal lounge, but certainly didn't stop them leaving the building.

Not legal- ask them under what legal framework they are breaching her article 5 Human rights. If it was under Dols then every attempt should have been made to consult family/friends in order to establish best interests.

I second the suggestion about Shelagh Fogarty. This is outrageous.

@MrsTerryPratchett

If she has an assured shorthold tenancy then no they can’t restrict who visits or her leaving. They can ask her not to allow visitors in any shared communal spaces.

This is what I think. She just has a flat, like you or me. My LL can't stop me leaving my home.

Unfortunately older people tend to be rule bound and compliant and don't tell people. Now you know, time to make a fuss.

Exactly. I’d really like to know which HA this is. Go to the housing ombudsman

Of course it's illegal! I remember hearing that some student accomodation tried to stop students from leaving (locked an emergency exit and had security guards by the main entrance), and there was a big outcry about it.

the problem now is that the HA will just deny it or try to pass it off as poor elderly residents getting the wrong end of the stick. You need to get your godmother to see how this was communicate (e.g. email, letters under doors, posters in communal areas) and get some evidence of it.

Not sure where your godmother is but there's an older person's commissioner for Wales - there might be other regional equivalents or Age Uk or somewhere might be a good shout for advice?