‘Speak out on behalf of the voiceless, and for the rights of all who are vulnerable.’
So says Proverbs 31.8, 9. Let me tell you the stories of two frail old men, both living alone. They are true stories, but their names are withheld because of reporting restrictions imposed by the Court of Protection – whose cloak of secrecy is being lifted by Sir James Munby, president of the Family Division of the High Court.
Seizing houses
One of the men, an 80-year-old, was taken into care by social workers against his will after a complaint from a neighbour that he seemed to be neglected. His son was living overseas at the time. The council seized his house (containing family heirlooms) which, to pay for his care, it proceeded to sell to the man who had made the complaint. The son was allowed only occasional visits, which were eventually terminated. During his time in ‘care’ the 80year-old lost seven teeth when attacked on three occasions with a stick by another resident. He eventually died of pneumonia.
The other story has a happier ending, simply because a friend spoke out for him. The 91-year-old was also taken against his will by social workers and his house, where he had lived for 50 years, was seized to pay for his care. But because of the ‘eloquent intervention’ of his friend the case came to court and the judge ruled that the man must immediately be released to go home, where he could be properly looked after: the council must pay all his care and legal costs plus hefty damages. (The ruling can be seen on the Bailii website under (2015) EWCOP 1).
‘A defenceless 91-year-old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes’, said the judge. ‘Had it not been for the alarm raised by his friend he may have been condemned to remain there for the remainder of his days.’
The council ‘appeared unprepared to countenance any view contrary to their own. They maintained their resolute opposition to P returning to his home until the last possible moment … The very sad and disturbing consequences for P cannot be ignored.’
Not one-offs
The frightening thing is that these are not isolated cases. In March last year a House of Lords’ enquiry revealed that tens of thousands of vulnerable people had been unlawfully detained in care homes and hospitals because the law (the Mental Capacity Act 2005) that was meant to protect them was being ignored by Social Services and healthcare professionals. The report can be read here and you can see press reports that were carried in the Independent and the Daily Mail.
Staff resistance
Perhaps the most chilling sentence in the Lord’s report is in Box 6 on page 64, where a council leader explains that the biggest challenge is ‘overcoming resistance from staff who felt that their professional decision-making abilities were being challenged’. Following the report, Sir James warned that courts would be overwhelmed with legal challenges and that councils could face an ‘immense burden’ from the cost of the extra legal cases.
But it is too late for some – for the husband forbidden to see his wife ever again after reporting the poor care she was getting at the home she’d been forcibly taken to; where he was forbidden to send her flowers or Christmas and birthday cards. He is heartbroken and has had no contact with her for years. Or for the 94-year-old midwife whose life savings were swallowed by legal fees to fight the council to stay in her own home.
Right now there are more than 2 million lonely older people who have no-one to speak up for them. An 85-year-old widow whose only daughter died of cancer spent Christmas day listening to her answerphone, just to hear a human voice.
It was far worst in 1807, when there was no Welfare State. A group of young Christians founded the Aged Pilgrims’ Friend Society, now the Pilgrims’ Friend Society (PFS) to help older people. They gave regular pensions and practical gifts always delivered in person with encouragement and spiritual support. Today PFS helps with housing and care homes, but an important part of our work is sharing what we know about issues of old age at conferences and local churches.
We also aim to be a voice for older people, encouraging others to do the same. Hundreds of people have signed up through our blog.pilgrimsfriend.org.uk, or website.
