Social worker safeguarded woman in hospital although son was not happy about this

What happened

In early 2012 Mrs A, who was in her nineties, was admitted to hospital. Mr H hadenduring power of attorney (EPA) for Mrs A and gave ward staff a letter signed by her. The letter said Mrs A gave Mr H and his partner 'total and unrestricted authority to make all decisions on my behalf with regard to my welfare'.

While she was in hospital Mrs A had a fall which Mr H thought could have been prevented. The next day Mr H says a solicitor visited his mother when she was unwell, that she signed documents and the solicitor received a cash payment.

A few days later, a social worker from the council visited Mrs A. Mrs A told the social worker she had not been consulted about the contents of the letter Mr H had given staff. She agreed to a safeguarding investigation.

Mr H went to visit Mrs A shortly after the social worker had visited but said his brother and the ward sister stopped him from going into the ward. He said he was told he could only visit Mrs A if his brother was present, and that his partner could not visit at all. Mr H said he repeatedly asked to speak to Mrs A but nursing staff refused.

Mr H also felt hospital staff refused to recognise he had EPA but accepted that his brother said he had 'power of attorney' when this was not the case.

Mr H met the social worker a week later. During the meeting, he said a relative knocked on the door and told the social worker Mrs A had asked to see Mr H. Mr H says the social worker spoke to senior nursing staff but he was still not allowed to enter the ward. Later, Mr H said he telephoned the ward to ask if he could visit, but was told he could not have 'unrestricted access' to Mrs A.

Mr H said he took legal advice and a week later he went into the ward to Mrs A's bedside. He said staff did not try to stop him, and Mrs A asked why he had not been to visit for a week.

The next week, Mrs A was discharged to a care home. Later, Mr H obtained Mrs A's medical records. He said his contact details had been falsified, and that a 'do not attempt resuscitation' (DNAR) decision had been made and DNAR forms completed without Mrs A's authority or consulting him.

Mr H complained to us that hospital staff refused to recognise he had an EPA; stopped him from visiting Mrs A, but allowed a solicitor to visit her when she was unwell; and altered next of kin details in Mrs A's clinical records.

Mr H complained that the social worker raised a safeguarding alert and refused to read a summary of his concerns at the meeting with him.

He was also unhappy that Mrs A had a fall while she was in hospital.

What we found

Putting it right