William Eichler 04 March 2021

Council accused of neglecting man with dementia’s ‘human rights’

Council accused of neglecting man with dementia’s ‘human rights’  image

Nottinghamshire County Council has apologised to the family of a man with dementia who was placed in a care home as a temporary measure and then left for five months.

The man had been placed in the care home by his wife while she struggled to look after her son who had been diagnosed with terminal cancer. The placement was supposed to be temporary, but after two weeks the wife felt she could not cope with the man at home.

Nottinghamshire County Council believed the man could return home with additional care calls, but neglected to complete a review despite his change of circumstances, and did not assess his wife’s needs as a carer.

As a result, the man was left in the care home for five months before the council eventually reviewed his case and found he did not have the mental capacity to decide where to live or to make a decision about his finances.

In his investigation of the incident, the Local Government and Social Care Ombudsman, Michael King, accused the council of not having any regard for the man’s human rights.

‘The man had a right to respect for his family life, and to enjoy his existing home peacefully. But the council did not have any regard for the man’s human rights during those five months he was away from his family,’ he said.

‘The council could have identified these problems during its own investigation of the complaint, but it failed to acknowledge the errors and the impact they have caused.’

On top of the man being left in the home for five months, Mr King’s investigation also found that the family was charged for the man’s care – incurring debts of more than £15,000. The care home has chased the family for payment and threatened them with bailiff action.

Responding to the investigation, Melanie Brooks, corporate director for adult social care and health, said the council ‘wholeheartedly accept all the recommendations in the report and apologise to the family for our mistakes in their situation.’

She continued: ‘We are committed to improve and have already started acting on the recommendations. We have been working directly with the team to ensure they are working within the Mental Capacity Act (MCA) to promote well-being. MCA documentation has been revised and briefings given to staff with a new provider coming in to give ongoing training across the service.’

‘We have developed an action plan to ensure that all the recommendations in the report are met. We will also update members on the action plan at Governance and Ethics Committee,’ she added.

Mr King welcomed these steps and said he was pleased the council had ‘already started acting on my recommendations to improve its service.’

Designing for cohesion image

Designing for cohesion

Tom Fairey, Development Director at Alliance Leisure, discusses how community spaces can strengthen local connections.
SIGN UP
For your free daily news bulletin
Highways jobs

Project Manager

Durham County Council
£50,269 to £54,495 p.a. (Grade 14) Pay Award Pending
An exciting opportunity has arisen for a Project Manager to join the Digital Programme and Communities team. If you have extensive experience in lead Durham
Recuriter: Durham County Council

Education Welfare Officer

Durham County Council
£28,142 - £31,022 pro rata
Required from September 2026 We are looking for an Education Welfare Officer to work with our pastoral team. The objective of the team is to ensure t Durham
Recuriter: Durham County Council

Cook

Durham County Council
£24,796 - £25,185 pro rata
Permenant, part time required from 1 Septmeber 2026 32.5 hrs per week. The Governors of Evergreen Primary School are delighted to invite applications Newton Aycliffe
Recuriter: Durham County Council

Specialist Support Interpreter

Durham County Council
Grade 6 - £28,142 - £31,022 hourly rate on a pro-rata basis (Pay Award Pending)
The ESOL department is a busy area of DurhamLearn (part of Durham County Council’s Education and Skills department) delivering a range of educational Durham
Recuriter: Durham County Council

Director of Adults Commissioning and Provider Services

Trafford Council
£100,731 - £104,625
To help us realise this vision, we are seeking an exceptional Director of Adults Commissioning and Provider Services Trafford, Greater Manchester
Recuriter: Trafford Council
Linkedin Banner