Moving to promote family relationships

23/05/2025

A woman was living far from her family and friends, in a care home that didn’t provide personalised care that was relevant to her personality. Her relative contacted our adviceline to get support, as the care home was resistant about moving her due to her frailty, and financial implications.

Our adviser established that the resident was self-funding and as such only needed to give the contractual notice period to the current home without fear of reprisal. They explained that the relative could explain giving notice by referring to her duty as power of attorney to act in accordance with the principles of the Mental Capacity Act. She is acting in the resident’s best interest while considering the least restrictive outcome on her rights, namely the right to family life, Article 8 of the Human Rights Act.

When discussing the lack of communication and involvement in her relative's care and treatment in her current home, our adviser pointed out the requirements of Regulation 9: Person-centred Care of the Health and Social Care Act 2008, to ensure each person is worked with in partnership to receive tailored care and understand their options. Without appropriately communicating with the relative as power of attorney, the home could have been in breach of this.

Using our advice, the relative was able to feel confident in her ability to advocate for her relative. She was able to get her loved one moved to a closer home to the family, where she is receiving excellent care and regular visits.

The client said “You could obviously see the situation for what it was and were very articulate in pointing out relevant elements of the Care Act to me. You empowered me to make the right decision for my relative... With very many thanks to you and the excellent, necessary service that Care Rights UK provides.”