Taking the freedom, independence and control

VIVIANA LIVANIS 11/03/13 Dignity Champions forum

How can i help a person that has a home and because NHS doesn't want to provide for his care , is isolated in a Nursing Home? How can i protect his human rights and his independence? How can i help when NHS doesn't respect the legislation they promote? This person has the right to go to his own home and have the choice of privacy, expression and control over his own life.Please give an advice . Thank you

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mike stone 11/03/13

Is this person deemed mentally capable ?

If he or she is mentally capable, then I think in law the person assesses which risks to take - so if he/she wants to go home, despite others 'suggesting that would be unwise', I think that legally the person can go home.

BUT councils and others, might claim otherwise - I suspect that legally they are wrong.

Regards, Mike

PS You might have problems, with this one !

mike stone 11/03/13

Is this person deemed mentally capable ?

If he or she is mentally capable, then I think in law the person assesses which risks to take - so if he/she wants to go home, despite others 'suggesting that would be unwise', I think that legally the person can go home.

BUT councils and others, might claim otherwise - I suspect that legally they are wrong.

Regards, Mike

PS You might have problems, with this one !

VIVIANA LIVANIS 11/03/13

Yes the person is mentally capable he is suffers of FSHD and he is trying to get as much support as possible. He has been assessed and he can 
go home and live there ,the only thing is that NHS is not prepared to pay his care package. 
What upsets me is the fact that in Uk we talk a lot about giving people the right to choose but then someone comes and takes  that right from you.
Thank you for your support and advise. 
Kind Regards Viviana


Rochelle Monte 11/03/13

I am currently working with someone who I belive with more appropriate support could live very independantly. Mental health workers visit yearly with no communication to me or others involved in this persons care and say they are fine (unable to read my notes it would appear). Hmm .. I am there 2 or 3 times a day and disagree that the current level of support is acceptable!! But no-one is listening ,I worry that without appropriate services in place this individual will end up in long term residential care, somewhere I know they don't want to be. It comes down to funding and cut backs - I want to scream and shout - I am but no-one seems to be listening!!! Blame the current government will they only be happy when only the rich and prosperous are left???

mike stone 16/03/13

The problem, is that mentally-capable people cannot be made to not live in their own homes (or, indeed, to go to hospital if ill), but councils, etc, are not forced to always fund the support costs if the person chooses to stay at home.

You cannot sensibly open up councils and the NHS to 'unlimited liabilities', but this does lead to some awkward situations !

You also need to try and balance the 'one versus many' issues, with regard to spending a limited pot of cash.

I commented to my DH contact a while ago, after reading something about the health Secretary considering introducing 'a right to die at home', pointing out that this right already exists (you can't 'kidnap people to hospital') - she commented that the Health Secretary cannot promote the right, unless adequate support services are in place. Support services cost money - so often you have a right to chose, but one choice will not be very well 'supported'.