Help please - father being neglected by my brother who is carer

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Without going into detail I have recently found that my Brother who is the carer for my Father and living in my Father's house has been neglecting my Father in numerous and various ways, and he was caught red-handed. I have asked him to leave but he will not.

I have researched a way of getting my Brother to leave. The only ways I can find are by getting a Power of Attorney (but feel my Father may fail the mental capacity test), get an order under the Court of Protection to appoint a deputy (but have been told this could take at least 6 months) or by making it a safeguarding issue with Social Services but am concerned that my Father will be taken into care, which nobody wants.

Can anybody please assist with a solution that will result in my Brother leaving my Father's house or a solution in any other form.

Many thanks in advance for any assistance given.

I would raise a safeguarding concern with Social Care, that won't automatically mean your dad will not be able to stay in his own home, there are other options to keep him safe and supported.

There are a few things you can do.

Phone social services and organise a needs assessment and mental capacity assessment.

However organising power of attorney for both finances and welfare first, would be prudent as he hasn't been found to lack capacity (and may not).

If you make it a safeguarding report and your dad is found to be lacking capacity, they will make decisions on his behalf.

In what way is your brother neglecting him? If it's financially or physically, then contact the police.

Age UK have a great helpline should you need further advice.

You do a safeguarding referral, social care assess your father and the situation, they discuss with you as his next of kin what his wishes would be, if he is safe to stay in his home with carers they help you with this.

You contact the Police on 101 and report the neglect and get them to help you to remove your brother from the home.

You can go to the emergency court of protection urgently, but he needs to have been found to lack capacity and they will ask why you haven't reported it if you were so concerned.

There is no option to just leave this hard as it is, he can't be left in this situation.

Going into some detail would help us give more specific advice. How has your brother become your father’s carer? What care does your father need? What has happened to raise your concerns? And what kind of living arrangements do you think need to be put in place for your father?

Thanks for your responses. Does anybody know if Social Services can remove my Brother from my Father's house?

You’ve got multiple issues going on here. Your brother can be removed if he’s not on the deeds or tenancy. Would your father agree to ask him to move out as it will make the process a lot quicker? Otherwise you’ll be looking at maybe making a criminal complaint against your brother abusing or neglecting your father. If your father needs a carer, who will look after him if your brother moves out?

Social services haven't themselves got power but what they will do is hold a safeguarding meeting with health, police, housing,legal etc and come up with a plan.

A lot will depend on any legal rights your brother has to be in the property and your dad's capacity and the level of neglect he has suffered.

Safeguarding is supportive and the very last thing they will do is make your dad go into care unless that's where he needs to be for other reasons.