Using best interest to alleviate unnecessary restrictions

16/10/2025

When Simon first moved into a care home, things seemed positive. But over time, after management staffing changes, his care began to seriously deteriorate. His personal care was neglected, with staff even missing important cardiac health appointments.

When Simon’s son raised concerns, instead of addressing them, the home retaliated. He was told his visits were upsetting Simon and that he was not acting in his father’s best interests. Visiting restrictions were imposed and later escalated into a full ban, cutting him off from his father at a time when he most needed support.

Matters went further when the home misused Deprivation of Liberty Safeguards (DoLS) procedures and shared personal information inappropriately with outside agencies, damaging Simon’s son’s reputation.

Simon’s son contacted our adviceline for support. Our adviser explained his rights, including how the home’s actions were unlawful under the Care Quality Commission’s fundamental standards, the Mental Capacity Act, and the Human Rights Act. We also guided him on documenting poor care and challenging the restrictions and about his rights to call an immediate Best Interest Meeting.

Simon’s son also prepared Court of Protection paperwork for a judge to make a one-off decision to allow Simon to immediately move care home and the judge listed a hearing. Before it took place, social services eventually arranged the Best Interest Meeting, where it was agreed that Simon could be moved. This spared his son a court battle, and Simon was relocated to a specialist dementia care home, where he is now thriving.

He is no longer under DoLS which was an unnecessary restriction, and is able to enjoy a much better quality of life with regular contact with his son. 

Simon’s son told us:

“I’ll never forget your kindness and especially the time you took to speak to me on the phone when I needed it most. You gave me as my dads only sole next of kin both the practical advice and emotional strength I needed to stand up for my Dad. Please know what an extraordinary difference your small but mighty team makes.”