Question re safeguarding and doors/stair gates

[Chenecinquantecinq]

Hi I am Joint and Several Deputy with my elderly father (80 yrs) for my uncle who lacks capacity (lifelong). My uncle is clearly showing signs of dementia and is under review with the Learning Disability Team for Alzheimers. All of this is very upsetting for my father who has begun to act unreasonably for example he has removed interior doors in my uncles home as carers were quite sensibly imo shutting say the kitchen door to restrict access to my uncle if the carer themselves needed the loo or had to put the bins out etc. A carer has e mailed me saying it is unsafe and the doors need to be replaced but my father is refusing (he seems to be unable to accept my uncle is ageing and needs more safeguards than years ago). I don't know what to do I really need to alert social services but worry this will cause a big issue and get my father into trouble. Any social workers on here? Will they just gently insist that the doors go back on and understand why my dad is being so irrational or will it open a can of worms re safeguarding? Thanks

I'm not a social worker, so won't try to comment on the safeguarding query. But is your uncle your father's brother and are they living in the same house? How old is the uncle and what is the nature of his lifelong learning disability? You say there are carers. How often are they there and what duties are they doing? Would the doors have normally been closed to protect your uncle prior to this more recent cognitive decline? And do you have any siblings who are involved or concerned?

Yes also not a social worker but some experience of being an attorney/deputy for relatives without capacity. I think you ought to talk to your uncle's social worker, I suspect how helpful they are in this sort of situation will vary depending on them and their personality but either way I doubt you will get your Dad into 'trouble' as such. The bottom line is your Dad (and you) are obliged to act in your uncle's best interests, making excessive alterations to his house and impeding the carers going about their duties on the face of it doesn't seem to be in his best interests, ultimately if there's a difference of opinion between people holding POA /deputies (are you in England or elsewhere in the UK as the law varies) and one of them is found consistently not to be acting in the best interests of the person they represent, they can be removed from their duties/powers but ultimately this would have to be done through the Court of Protection which would be very long winded and stressful, would be better if your Dad can find a way to cooperate with social services and the carers than act unilaterally, however well meaning. I'm sure that's what the social workers will want too but how gently or firmly it's dealt with I find highly variable TBH.

On that point, when you refer to the carers closing doors, do you mean just pushing them to or actively locking him into/out of certain areas? The latter isn't really on technically, the person does need to be able to access all rooms in their home, although I do understand the practicalities of needing to keep someone safe e.g. if you have the hob on and need to turn your back - but if things have reached the stage where one carer is struggling to keep him safe and/or he needs constant supervision, you do have to start to think whether a home environment is safe for him or does he need residential care now? Perhaps this door issue is the way in to having that difficult conversation with your Dad and the social workers?

How is your dad in other ways? Is this the only time he is acting irrationally or is this a more widespread issue? Is it possible that your father is also showing some signs of dementia?
On the issue of the doors I would push for them to be reinstalled as a fire safety measure. I’d also speak to the social worker and get them to speak with your dad.

Lots to unpick here

1. Is the deputyship just for financial decisions?
2. Who owns the house and who lives in the house?
3. Are the carers popping during the day or are they there all the time.
4. Your title mentions stair gates.... what is going on with those?

Thanks everyone I contacted SS and asked for a general review of house safety which they have agreed to do so are sending an OT out, that way anything that needs doing will get done and I didn't mention specifics. He has 24 hour care but this area is complex as apparently there has been recent caselaw re DOLS in the community, whereas before generally no restrictions could be allowed but now apparently some are without a DOLS so long as they are deemed reasonable and proportionate.

The recent AGNI supreme court judgement hasn't really changed what is and isn't 'allowed', restrictions have always been allowed if there was justification for them.

what has changed is the 'acid test' for if someone is considered deprived of their liberty. Until the recent law clarification anyone in 24 hour care (even at home with family) and lacking capacity would be considered deprived of their liberty even if they were perfectly content with their care and surroundings and didn't consider themselves 'imprisoned' and weren't demonstrating any objections.

Glad to hear you are getting an OT round but they will only make reccomendations. They can't enforce anything and wouldn't do anything withoit permission from the home owner...