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My mother faces EVICTION from acute bed tomorrow! - Carers UK Forum

My mother faces EVICTION from acute bed tomorrow!

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I am totally and utterly outside of my depth with this and I simply have nowhere to turn to. I have tried to enlist the services of a solicitor through the option available to do so from the Law Society although every solicitor I'm contacting does not seem to want to take my mother's case on.

The latest in the episode is that following a meeting with social services and NHS inpatient services (aka bed unblocker), where my mother was also present she was able to correctly articulate her needs and wishes, and after a 2.5 hour meeting with them they simply do not want to do the dutiful thing by carrying out their statutory function. Whilst they all agree that my mother needs 24 hour care supervision and that a care home would be 'restrictive' in the advocate's view, the SS want to impose their 'one size fits all maximum' care package of 4 calls per day. We have pointed out this should be treated as a guideline and not a maximum although this has fallen on deaf ears.

They have progressed matters to an utterly ridiculous state whereby they now say that they will be reporting me to the local authority as a safeguarding concern!. They say that 'I am preventing my mother from returning home'. I've said this is not true and have always maintained she should return home in line with her wishes - all that I ask is that the appropriate care package be put into place following a needs assessment and care and support plan which they have still not done despite numerous attempts to get them to do this. It should really be me that should be reporting the SS and NHS to the safeguarding team as they are seeking to discharge my mother on an unsafe basis without her needs being met. They can get away from doing this as her needs are not 'eligible' yet in a plan.

The second aspect of great concern is that they have advised me they will 'evict her in 24 hours''. This is a shambolic statement from a public sector organisation who claims to be looking after my mother's interests. They want to evict a vulnerable person from her acute bed where the only crime she has committed is falling to an illness of vascular dementia to which she has zero control over. They have insisted I provide the key to my front door so that my mother can be given access to the house by care providers/ambulance staff following a discharge. I suspect what they are trying to do here is to get me to 'consent' to an eviction by giving the key to my front door. They will then claim they have satisfied their liability of a safe discharge on a consenting basis with her son!

I wonder if anyone on this furm has come across this kind of thing before? Has anyone been treated by the SS and/or NHS like this. Does the amount to a 'discrimination'? What are people's views here? Am I fighting a loosing battle and shall I give in and accept my mother back home and give up my full time job to look after her? I am at my wits end with all this. (sorry for the rant at the end)!
Yes, I was treated this badly, when I was recovering from life saving surgery. Get the locks changed and go away for a few days, without taking your phone. Make no mistake, you are being bullied horribly. I was too.
Hi Asgaro
Sorry you find yourself in this position, I'm afraid you are by no means alone.
I 'm sorry to say that I have never heard of SS funding more than 4 domicillary visits a day and many are not even offered this. I care for an elderly lady who has been classed as End of Life for over 18 months and has recently had her four double care visits a day reduced to 3 double visits a day for all needs. In answer to your question yes I think you are fighting a loosing battle.
The best I can sugest is that you ask for a CHC assessment .
If you don't live with mum perhaps you don't have a key ;)
For what it's worth , the BIBLE on hospital discharges :

https://www.nhs.uk/using-the-nhs/nhs-se ... -hospital/

If you want to complain about how a hospital discharge was handled, speak to the staff involved to see if the problem can be resolved informally. Alternatively, speak to a PALS member at the hospital.

PALS offers confidential advice, support and information on health-related matters. You can look up local PALS offices on this site.
It is not unusual for a person to be discharged to home and the care assessment done after discharge in the home surroundings. If you aren't willing to have your mother home, then dont agree to it and dont give them your key.
More on the hospital discharge process ... from Age UK ... particularly on discharges BEFORE assessments ... in .pdf format :

https://www.ageuk.org.uk/globalassets/a ... ge_fcs.pdf
"They have insisted I provide the key to my front door so that my mother can be given access to the house by care providers/ambulance staff following a discharge.

What the hell???!!!!!!!

Look, if your mum is living in YOUR house, then she has NO legal right to be there in the first place!

You mention solicitors 'taking on' her case. First question is - if my mum has been living with me in MY house, has she acquired a tenancy by default?

If she has then ONLY then may she have a legal right to get back in!

If she is a 'lodger' her rights are FAR less.

And if she is simply your 'house guest' she has NO RIGHTS whatsoever to get back into your house. And the damn hospital know that perfectly well and are TRYING IT ON.

As others are saying, CHANGE the locks and do NOT let her back in.

That will force the hospital to sort the situation as it should be - ie, with a SAFE discharge. Ideally, she should go to a nursing/convalescent home for the duration, while you decide what you want to happen 'long term'.


Even if she HAS acquired a tenancy, STILL do not give the keys! Let HER find a solicitor to 'sue you' for re-entry.

It is NONE OF THE HOSPITAL'S BUSINESS if you have 'evicted' your mum 'illegally' (ie, assuming she has acquired a tenancy!)
What was her situation before going into hospital? Did she have carers then? Has she deteriorated since she was last home? Does she own/ joint own the house? Have the la evaluated the house prior to saying they will discharge her? If she needs 24 hour care, she'll not get that at home. Why do they say she needs 24 hour care and then say living in a care home would be overly restrictive?

Don't rush to give up your job to care for her without viewing some of the other posts here.
The hospital know very well indeed that they can't just evict anyone at all. Top priority has to be ensuring a SAFE discharge, and that means having everything in place for the patient BEFORE discharge. Carers arranged, OT visiting home with patient to see what equipment is needed, arranging equipment, checking it's been provided. Medication sorted etc. etc.
I would suggest that you rang the Care Quality Commission about what they are attempting to do. Age Concern are also said to be good in some areas. Maybe they have an office in your area. It's one thing to have an online forum, but better still if there is someone local who can make phone calls on your behalf, etc.
Definitely complain up the line. I truly have not heard anything so outrageous as 'demanding' a front door key!!!!

Again, tell us if she is living in your house or not. The above won't apply if it's her own accommodation, owned or rented, or co-owned or co-rented with you, as she will have rights of occupation/tenancy.