Should we talk to a solicitor

[Jessica17]

Have name changed as family post here too.

Briefly, I hope, Dh works away from home and his mum in her 90's has a home carer who visits daily to help her wash dress etc.

Couple of weeks ago MIL was rushed to hospital
de-hydrated and suffering from terrible pressure sores. She had been lying in a urine soaked bed for god knows how long.

We have the book the carer is supposed to fill in which she states again and again
"X fast asleep no help needed."

It would appear that days have gone by without any assistance given.

MIL has Althziemers (sp) and wouldn't have been able to ask for help.

We have filled in a complaint form but I'm wondering if we should consult legal help as well.

I have spoken to the agency which contracts the firm who send the carer and they say all that will probably happen is that the carer will be asked to do more training but is still visiting people now.

What would you be hoping to gain out of taking legal action?

I have no idea really, perhaps that MIL be compensated in some way? More importantly that this sort of thing doesn't happen to someone elses mum.

There must be consequences surely!

Since it doesn't seem like the carer or the agency have committed any crime, it would be a civil matter.

How would a civil suit against the carer or the agency would stop this sort of thing happening to someone else's mum?

Of course it's terrible that your MIL was neglected in this way. Clearly the 'carer' was not caring for her.

I'm just not sure you will get much joy from the legal system in this situation.

poor love. Doesn't your MIL have regular visits from a nursing team? Its their duty to assess re nursing needs etc. The "carer" may not be trained to assess re pressure sores etc.

A complaint to Care Commission might help? Who is carer employed by?

So sorry everyone, I had to go out.

The carer is employed by a homecare organisation. She has never had visits from a nursing team to my knowledge.

As I was away visiting relatives it is only due to the Adult Services worker visiting that she was discovered in such a sad state.

It might be worth contacting the Care Quality Commission.

You need to ascertain what the carer is required to do. My understanding is that a care can't do anything unless the person they are caring for consents. If she is really not getting up then I would contact social services again & maybe look into a nursing home as she doesn't seem able to cope in her own home.

There should be a care plan in place at your MIL's. It should form part of the pack where the carer writes comment on her visit.

You need to escalate your complaint with the agency. If your MIL has pressure sores etc then there appears neglect. Do not be put off. Is her care delivered privately ie you/your DH arranged the care or is it via social services? Again, this makes a differences because the Local Authority will absolutely not want to contract care out to an agency who neglects clients in this way. You should speak to them if this is the case.

A person with dementia cannot consent to care each time a carer visits otherwise no-one would ever take their medication, be bathed, eat a meal etc. Again, this forms part of the agreed care plan.

You can go to CQC, but you need to make the initial complaint to the agency.

I ran a Home Support Agency ten years ago. One of our clients was left in her own urine on a weekend when a carer went on a bender. She was gone on the Monday morning when she resigned immediately. Any decent manager would put the staff under investigation on gardening leave to protect all parties. Totally and absolutely unacceptable treatment of the most vulnerable people.

The carer (and the agency) had a duty of care. You could contact social services and raise the matter as a safeguarding issue. In my authority you would just call the main duty number and they would direct you to the right team. There is a duty to investigate safeguarding concerns.

Zombie thread alert.......