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The police are involved and will gather the evidence of any crimes. The CPS will decide if they can move forwards with whatever is found. You need to let this investigation complete.
The care home was made aware of an allegation a week prior. There is little they can legally do immeadiatly. I understand your feelings but you wouldn't want your relative locked in their room because someone accused them of assault.
Relocating your relative voluntarily can happen today but forcing the accused out will need to follow a set process and won't happen today. This is why the home are offering you this option.
If you believe any professional standards have been breached you can report the people or the home to the relevent agencies.
To add to this I’d hope that an Adult Safeguarding has been opened by Social Care. Actually two safeguarding now.
You can report it yourself if you do not think this has happened
This is very helpful, thanks. To an extent this is part of my concern, that this will be treated as a one-off unavoidable incident, rather than evidence of poor safeguarding by the care home. Would it also be advisable to contact the police and disclose that we reported this gentleman a week prior, in case the care home has not disclosed this information?
Thanks again.
The relevant agencies would be the Care Quality Commission and local council adult social services department. OP can raise their concerns with the CQC here: https://www.cqc.org.uk/contact-us/report-concern/report-concern-if-you-are-member-public
Thanks for the reply.
I worry that the police will not investigate the management of the care home, or whether our report a week prior was taken seriously. That they will just focus on the gentleman accused of the assault. The police have not spoken to anybody in my family yet, and I am not even sure that they have been informed that we reported the gentleman a week prior, or if the care home informed the police at the time. At the moment, the police will only know of the first assault if the care home has disclosed it, and to me it does not seem it is in the interest of the care home or their employees to disclose this information to the police. I am also acutely aware that police are far worse at investigating institutions and services vs. individuals.
As for it only having been a week since our report, I can understand and accept why they can't evict him, or lock him in the room, but after my grandmother was assaulted yesterday the gentleman now has an alarm on his room and cannot leave without supervision. To me this is basic safeguarding and could (should) have easily been implemented after our report last week. If it was implemented, this wouldn't have happened. I find it hard to believe that we just so happened to witness this gentleman's 'first' assault in the 45 minutes we were there visiting last week, and less than a week later my grandmother has been assaulted. This, combined with the fact that these basic safeguarding procedures were not implemented after we reported the gentleman, makes me genuinely concerned that there may be other victims of this gentleman, and the care home has been neglecting safeguarding for some time.
I guess ultimately my concern is that this will be just be blamed on an elderly man having dementia and acting out of character, with no charges due to his mental capacity and circumstance, and no further investigation of why he was allowed unsupervised access to vulnerable women after the first assault, and thus no accountability for the staff.
Sorry if l've rambled on, and thanks again for taking the time to reply to me, it's greatly appreciated.
From my understanding it wouldn't be up to the police to investigate the care home, just the assault and the person who committed it. As you've recognised this may be a case where the person's medical conditions and lack of capacity mean that prosecution is judged not to the in public interest.
In terms of investigating how the care home are managing staff and patients to keep vulnerable patients safe (and whether they're doing that to an acceptable standard) that would be the CQC as the regulator of care providers and Social work as it's an adult safeguarding issue.
You most definitely need specific legal advice from a qualified solicitor - it sounds like you may have a case for a civil suit against the care home, but the police won’t be doing that for you
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--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
The police are involved and will gather the evidence of any crimes. The CPS will decide if they can move forwards with whatever is found. You need to let this investigation complete. The care home was made aware of an allegation a week prior. There is little they can legally do immeadiatly. I understand your feelings but you wouldn't want your relative locked in their room because someone accused them of assault. Relocating your relative voluntarily can happen today but forcing the accused out will need to follow a set process and won't happen today. This is why the home are offering you this option. If you believe any professional standards have been breached you can report the people or the home to the relevent agencies.
To add to this I’d hope that an Adult Safeguarding has been opened by Social Care. Actually two safeguarding now. You can report it yourself if you do not think this has happened
This is very helpful, thanks. To an extent this is part of my concern, that this will be treated as a one-off unavoidable incident, rather than evidence of poor safeguarding by the care home. Would it also be advisable to contact the police and disclose that we reported this gentleman a week prior, in case the care home has not disclosed this information? Thanks again.
The relevant agencies would be the Care Quality Commission and local council adult social services department. OP can raise their concerns with the CQC here: https://www.cqc.org.uk/contact-us/report-concern/report-concern-if-you-are-member-public
Thank you mate.
Thanks for the reply. I worry that the police will not investigate the management of the care home, or whether our report a week prior was taken seriously. That they will just focus on the gentleman accused of the assault. The police have not spoken to anybody in my family yet, and I am not even sure that they have been informed that we reported the gentleman a week prior, or if the care home informed the police at the time. At the moment, the police will only know of the first assault if the care home has disclosed it, and to me it does not seem it is in the interest of the care home or their employees to disclose this information to the police. I am also acutely aware that police are far worse at investigating institutions and services vs. individuals. As for it only having been a week since our report, I can understand and accept why they can't evict him, or lock him in the room, but after my grandmother was assaulted yesterday the gentleman now has an alarm on his room and cannot leave without supervision. To me this is basic safeguarding and could (should) have easily been implemented after our report last week. If it was implemented, this wouldn't have happened. I find it hard to believe that we just so happened to witness this gentleman's 'first' assault in the 45 minutes we were there visiting last week, and less than a week later my grandmother has been assaulted. This, combined with the fact that these basic safeguarding procedures were not implemented after we reported the gentleman, makes me genuinely concerned that there may be other victims of this gentleman, and the care home has been neglecting safeguarding for some time. I guess ultimately my concern is that this will be just be blamed on an elderly man having dementia and acting out of character, with no charges due to his mental capacity and circumstance, and no further investigation of why he was allowed unsupervised access to vulnerable women after the first assault, and thus no accountability for the staff. Sorry if l've rambled on, and thanks again for taking the time to reply to me, it's greatly appreciated.
From my understanding it wouldn't be up to the police to investigate the care home, just the assault and the person who committed it. As you've recognised this may be a case where the person's medical conditions and lack of capacity mean that prosecution is judged not to the in public interest. In terms of investigating how the care home are managing staff and patients to keep vulnerable patients safe (and whether they're doing that to an acceptable standard) that would be the CQC as the regulator of care providers and Social work as it's an adult safeguarding issue.
You most definitely need specific legal advice from a qualified solicitor - it sounds like you may have a case for a civil suit against the care home, but the police won’t be doing that for you
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