Section 21a DOLS

[Triotriotrio]

My aunt had a deprivation of liberty safeguard review today and (as she has done continually for the past 6 months) has insisted that she wants to go home from the care home back to her house. Setting aside the fact that she didn't own the house and it has now been sold, she really doesn't have capacity, as evidenced by the fact that she has had to be readmitted to hospital today following discharge from hospital last week as she refuses to follow the advice of the hospital.

She has Alzheimer's with Dementia and had been rapidly going downhill and refusing any care prior to a suicide attempt earlier this year that resulted in the care home placement for long term care.

I have LPA for both finances and health, however she has become fixated on the fact that I have stolen everything from her (sold the house that she didn't own, and taken all her money) I can demonstrate that this isn't true, so I'm not worried about that, but they are also looking into how I got the LPAs given that she now seems to hate me and has forgotten signing the forms over 14 months ago.

The care home are clear that in their opinion she does not have capacity. But this DOLS assessor feels that she does because she was able to consistently state over a 30 minute period the same thing - that she wants to go home and that her sister will look after her. For reference her sister is dead, and the other one she hasn't spoken to for 30 years, but why let the truth get in the way.

I feel so bloody upset and annoyed. I know that the council have to do assessments but when what she is saying is so clearly not the truth it seems ridiculous to progress the S21a hearing.

Has anyone been through this or got any advice because I just want to cry. I've done my absolute best to look after her best interests and this feels like a punch in the gut.

Rescind the LPOA.

Let SS deal with it.

Sounds like you've done your best in very difficult circumstances.

I half wish I could, but I'm literally her only family and it is heartbreaking that we are in this situation. I care about her greatly and want what is right for her but the stress is so much, I'm not sure I can take it much longer.

Then that is the solution I'm afraid.

Please don't make yourself ill or worse.

Aaargh.
Well breaking it down - dig out a copy of her sister's birth and death certificates as well as your aunt's birth certificate?

As a social worker I've had a few disagreements with dols assessors over the years, i.e.they've said someone has capacity when they clearly don't. I can't remember the legality anymore...I know LPOA disputes can go to the Court of Protection but can't remember if this is the same with dols too. I'm sorry you are caught up in this, that's a rubbish assessment and to me would be evidence of lack of capacity.

Did the assessor even ask her which sister she meant??

you have my sympathy as I went through this exact situation with my dad and the DOL’s assessor took everything dad said at face value and he was allowed to leave a care home and go back to his own home despite the fact he could not look after himself at all even with a care package at home. It is an impossible situation to be in and although you can challenge the DOL’s assessment it is a very long winded process. Tough as it is you have to look after yourself and if she is allowed to leave the care home you have to let it become a problem and not be able to pick up the pieces

She literally doesn't have a home to go to, so she is definitely their problem.

No, the assessor didn't ask which sister. They still haven't spoken to me, her LPA!!! I rung today but they have yet to return my call. Standard

I had a qualified member of staff in the nursing home say to me soulfully that my mum 'just wants to go home'. I asked which home my mum had meant. 'Oh' they said in a rather different tone. 'I don't know'. They hadn't asked if she meant the place she previously lived, which she hated from day one and has completely forgotten about now, her previous home which she could no longer live in alone, or... Scotland which she left when she was 12, which is the one she most often talks about now. Always push back, they often haven't done their job.

Some assessors are ridiculous. I had a gent very plausibly tell me once about how he wasn't much of a cook but he would mange ok because he could go to the chippy at the end of the road. Which would have been fine if the road he had been talking about hadn't been the one he lived on 20 years ago. Unless you dig a bit though you don't find out!

I can't imagine the COP will want to move her! It's just not feasible. I've always found them quite helpful if you ring them and ask about what proceedings mean 0300 456 4600. Alternatively give the national Admiral Nurse helpline a call for some advice 0800 888 6678 (9-9 Mon to Fri and 9-5 at weekends)

Hi, this is infuriating and upsetting for you and you have my sympathy, but the DOLS assessment and review is "all process, no outcome." I'm not clear if this is a DOLS assessment, or a review, but either way the Best Interests Assessor will consult you before completing their report. If the BIA report does turn out to be rubbish, you can complain about it and seek a review yourself. Most likely reason for no call back yet is that they're just overwhelmed with work like all parts of adult social care, and all LAs have a backlog of DOLS assessments of about 2+ years! If your aunt maintains her wish to "go home" after a DOLS authorisation is granted (and it will be granted, I'm absolutely sure) then the BIA will have to make a recommendation to the LA about who acts as Relevant Persons Representative. Don't volunteer to be RPR. You can't in all conscience advocate for your aunt "going home" and the LA will have a contract with an advocacy service to provide paid RPR s. The paid RPR will then instruct a firm of solicitors who will make a court application seeking a review. This is fully funded by legal aid so at no cost to aunt, or you. You can choose to participate or not in those proceedings. The big firms of solicitors keep dozens of junior inexperienced staff in work churning out these applications and racking up as many chargeable hours as they can at the legal aid scheme's expense. In my many years acting for LAs I have never had a section 21A case that resulted in the person leaving a care home to go home (in one or two cases the person moved to an alternative care home eg nearer family, or better able to meet cultural needs.)