Can Social Services Force My Mother to go into a Home?

[Chessie]

My Mother is 88 this month, has suffered 2 bouts of mini-strokes which have left her with mild vascular dementia which is controlled by a number of drugs. In May she broke her hip and is still in hospital now. Social Services (oh how I hate them!) have declared that my Mother 'lacks the capacity to make decisions about her future' and have had a 'best interests' meeting resulting in the decision that she should not return home, but go into care. She is frail, but walks with a frame, and could cope if facilities were put in place in her house to aid her, e.g. a stairlift. They have said that they think she would forget how to use a stairlift, which simply isn't true. They are making it up as they go along because what she wants doesn't fit in with their plans. She does not lack capacity at all, (well, not to the extent that they are making out she does), and does not want to go into a home, she has repeatedly stated, as have I, that she wants to go home. Can they force her to go into a home? They will have to drag her there kicking and screaming, isn't that a violation of her human rights? I'm at my wits end with this, please advise?

[dzug]

You (and she) should listen very carefully to Social Services. They are normally very reluctant to put people in a home - it's a lot cheaper to provide care at home. If they are saying a care home they really mean it.

Not sure how far they can force the issue - court action on their (or your) part is always possible but you really don't want that. Expensive and long winded particularly if you initiate it.

[Dollie]

I should get in touch with your local Age Concern and quickly. Many Age Concern's employ an advocacy worker who will be an advocate for your mum. This means they will help you to 'fight her corner.' Even if they dont have an advocacy worker, they will point you in the direction of an advocacy bureau. If you mum lacked capacity under the new capacity act which came in last year, they would have had to include you in their consultations as her next of kin if that was what you mother would have wanted.