Social Services : Care For The Elderly.

[Barquentine]

Can SS order an old person to go into residential care against her will? She wants to continue living with her son, but is frail & he is at work during the day. Neither she nor her son want her to be in a care home but she has been taken away despite their wishes. Is this legal? Or maybe I don't have all the facts.

[pixie373]

Only if she has been assessed under the Mental Health Act to say she cannot decide herself. That needs doctors and psychiatrists to agree. Otherwise, no.

[craft1948]

I think they can actually, but can't remember which Act covers this........

[bednobs]

You can only compel someone to stay in a residential home if they have been sectioned

[EDDIE51]

You say you do not know the full facts, this may be a temporary measure 'respite care' to give time to look for a better option. it could be that they can not organise home care at present so have had to put her in a residential home until it can be resolved.

[pixie373]

Yes-or sectioned. Bednobs is correct.

[pixie373]

And the only other option i can think of, is that she has signed another relative or friend up to be her Lasting power of attorney for Health and they have made the decision.

[Barquentine]

Thank you everyone. Very helpful. I'll check with my mate again and see if he can get her home if he arranges home care.