Human rights in action
We were contacted just before Christmas by a small voluntary organisation seeking advice for a client they were helping. The client was a carer who was anxious about the low standards of care that her mother was receiving in the privately run care home that her local authority had placed her in.
When the carer visited she frequently found her mother, an elderly lady suffering from dementia and a variety of other complex health and care needs, in discomfort or distress. She was often in soiled, dirty clothing, not properly washed, or with her mouth still full of food from her last meal.
The carer had looked after her mother for a number of years and was very much in tune with her mother’s needs; as a result of the failings of the care home staff, she took action herself to assist her mother, such as helping her to go to the toilet.
As a result of the carer’s actions and her complaints, the situation became increasingly fraught and complex, with both sides arguing that the other was abusing the elderly lady. The care home eventually restricted the carer’s visits - an extremely distressing decision for her and her mother.
The voluntary organisation wanted to know how to have the carer’s visits reinstated and what to do next about the standards of care. Given the sensitivity of the relationship between the care home and the carer, and the fact that complaints to the home had been no use, Liberty gave advice on how to approach the local authority.
The Human Rights Act places the local authority under a duty to act in a way that is compatible with the European Convention of Human Rights, which can also mean taking positive action to protect those rights. We knew that Article 3, the prohibition on torture and inhuman or degrading treatment and Article 8, the right to respect for private and family life were fundamental to this case.
Armed with the knowledge that the local authority had a duty to protect these rights and get involved in this situation, the organisation persuaded the local authority to discuss the case with the care home. The organisation reports that the tide changed after receiving our advice.
We were delighted to recently hear that the local authority plan to meet with the care home to negotiate the lifting of the visiting restrictions. An independent assessor has also been called in to review the case and break the stalemate between the carer and the home with a view to setting the record straight and making sure the carer receives a formal apology.
When the carer visited she frequently found her mother, an elderly lady suffering from dementia and a variety of other complex health and care needs, in discomfort or distress. She was often in soiled, dirty clothing, not properly washed, or with her mouth still full of food from her last meal.
The carer had looked after her mother for a number of years and was very much in tune with her mother’s needs; as a result of the failings of the care home staff, she took action herself to assist her mother, such as helping her to go to the toilet.
As a result of the carer’s actions and her complaints, the situation became increasingly fraught and complex, with both sides arguing that the other was abusing the elderly lady. The care home eventually restricted the carer’s visits - an extremely distressing decision for her and her mother.
The voluntary organisation wanted to know how to have the carer’s visits reinstated and what to do next about the standards of care. Given the sensitivity of the relationship between the care home and the carer, and the fact that complaints to the home had been no use, Liberty gave advice on how to approach the local authority.
The Human Rights Act places the local authority under a duty to act in a way that is compatible with the European Convention of Human Rights, which can also mean taking positive action to protect those rights. We knew that Article 3, the prohibition on torture and inhuman or degrading treatment and Article 8, the right to respect for private and family life were fundamental to this case.
Armed with the knowledge that the local authority had a duty to protect these rights and get involved in this situation, the organisation persuaded the local authority to discuss the case with the care home. The organisation reports that the tide changed after receiving our advice.
We were delighted to recently hear that the local authority plan to meet with the care home to negotiate the lifting of the visiting restrictions. An independent assessor has also been called in to review the case and break the stalemate between the carer and the home with a view to setting the record straight and making sure the carer receives a formal apology.
