Social Services not informing Attorney - health and welfare issues.

[jazztheman]

I have a legal query regarding my mother who is 94 years of age and suffering with the early signs of dementia and lives in a care home, I am also her appointed attorney for health and welfare.

 

I was surprised to discover one day last week a mental assessment with my mother was carried out at the care home (a Dols assessment), my mother found the experience stressful. Being my mother's health and welfare attorney I am not happy of not being informed.

 

I believe that Social Services (Local Authority) are the responsible party that should have informed me, but what is very concerning is that I believe another family member was assigned to be her Relevant Person's Representative by the Social Services, again I was not informed. It is not much of a problem if the elected family member was a caring person but this isn't the case.

 

I have written to Social Services about my concerns. If I am correct in my assumptions, do I have the authority to request Social Services to change my mother's Relevant Person's Representative?

 

Any other information relating to this type of problem would be very much appreciated.

[stevemLS]

Sorry, have only just seen this, is your POA Registered at the OPG?

 

The LA MUST do a DOLS assessment if they believe that your mum may be deprived of her liberty. This is irrespective of your wishes and is a requirement of the Mental Capacity Act.

 

You can ASK that the RPR be changed, but it is a person appointed by the LA and they have no obligation to concur.

[jazztheman]

Steve yes I am my mother's registered LPA. I have no problem with the DOLS assessment, because it is in the interests of my mother's health, safety and welfare. What I do object to is, not being told in advance that the DOLS assessment is to take place. If I was aware of this assessment I could explain the assessment to my mother before hand so that she would not become so stressed. I believe that I should have been informed prior to the assessment and it is one of the guidelines of the Dols assessment procedure that which was explained by the 'Best Interests' Dols assessment officer.

[stevemLS]

It depends whether you are the "Relevant Persons Representative" within the meaning of the Act.

 

As the holder of a registered LPA you should have been approached regarding who should be appointed as RPR and you should have nominated an eligible person (who could be yourself).

 

If you look at this guide, though, to RPRs, they have no right to be consulted or notified in advance that an assessment is to be conducted, but only to be notified of the outcome http://webarchive.nationalarchives.gov.uk/20130107105354/http:/www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_094346

 

The RPR though is formally selected and appointed by the supervisory body - the local authority.

 

The Regulations around appointment of RPRs are here http://www.legislation.gov.uk/uksi/2008/1315/pdfs/uksi_20081315_en.pdf

 

I entirely accept what you say about minimising distress but it would seem that the law does not require what you seek.