Some Legal Advice in the UK Regarding Care Companies.

Hi can anyone offer any advice, 2 days before Christmas a carer from Cordia Care Company who are responsible for looking after my Grandparents (Who are 89 years old, bedridden, and suffer from dementia) decided that it was a good idea to take video on there mobile of the family dog barking at them because they thought it was inappropriate. Dog is a small Yorkie and in no way dangerous Just very protective and does indeed bark a lot like any other dog!



Here is the thing, in said video you can also see my semi naked Grandpa who unfortunately at the time had managed to wet himself due to his age and incontinence. At no time was any permission asked to take said video and this was done so in breach of their trust and dignity. They dont even know it's possible to take video footage from a mobile or even what a mobile phone is as such.

The company manager then contacted my aunt and informed her of the careers video with the intent of having the dog removed from the property. My aunt then went ballistic over the careers actions and demanded to see the video. Manager came out and let us see the video but refused to give us a copy, then informed us of the company's decision to remove said care if the dog was not removed from the property.

Long story short dog now lives with my Mum. All phone calls pertaining to this event have been recorded for posterity. We will not be requiring legal aid as money is not an issue for my aunt however I wish to know if we can pursue legal action against them for said offending video?

So sad and also very angry!!!

Mods please move if this is in the wrong forum.

reply to post by andy06shake



According to Tort Law , you definetely have a case .

2pence

I'm so sorry to hear about your grand parents, it must make your blood boil!

The laws might be different over there, but no consent was given to film them, and film them in there property (private).

If money isn't an option threaten to use other carer's that might motivate them.

reply to post by andy06shake

Only a solicitor can give good advice.
But is there anything in writing admitting that any video was taken, because otherwise it would be difficult to prove?
If they don't deny it, the Data Protection Act might entitle your grandparents to a copy of it, because it counts as information about them.

reply to post by andy06shake


Hi, are you in the UK?
You can contact the body responsible for regulating care provision and make a complaint. It's the Care Commission in Scotland, I don't know the English equivalent but I can find out for you if you want?

The Care Commission tend to investigate these types of complaints and do take them seriously.

reply to post by andy06shake


In short, I don't think you'd get very far. This was on their property and no doubt they would have had you sign various documentation when they went into care, which probably cements their case further. At best, I think you can request they keep their ID hidden in the Video, but I don't think you can stop them using it.

reply to post by DISRAELI


Indeed, the DPA entitles you to know what info is held about you and request a copy for a small fee, but it doesn't stop them using it.

reply to post by andy06shake


All I have been able to find is a bit saying that if you are worried about a dog, policy should be that the dog is locked in a room you wont go into.

Don't Touch the Animals

Even the friendliest pets can turn on you. The policy at Girling Health Care is to never touch an animal. Besides the potential threat, animals can distract you and interfere with your work.

When you call to confirm your appointment with a client, ask that animals be kept away during your visit. That's a request all caregivers should consistently make, says Herr. "You don't want a patient to say, ‘The nurse liked my dog. Why don't you?'"

It does not say that you should force a patient to give up the pet, if you can prove the pet is non-violent, you could ask that the video been removed of all decision making because it shows indecent images of your grandfather and without his permission. If not take it to small claims, again, only if you can prove the dog is non-violent otherwise they could have it put down.

You can get plenty of free legal advice over the phone (usually with a time limit), I'm assuming you're in the UK, try Citizens Advice Bureau (I used to volunteer for them, they can be helpful like 80% of the time) or try this gov.uk

reply to post by stumason

No, but if they can get a copy, they're better placed to make a complaint about it.

reply to post by beansidhe


Care commision is already involved as for the manager that came out all he would say was no comment. I was just going to take said video from him but decided that it was probably a better idea to pursue the legal avenue first. Phone calls pertaining to the event are recorded through.

In hindsight i wish i had taken the offending phone and video from him and snapped a few of his fingers in the process!

reply to post by andy06shake


It's never too late to snap a few fingers, that's my motto.

Seriously, good luck with this, hope the CC are helpful. Citizen's advice would be my next bet, like someone else mentioned.

B x

reply to post by andy06shake


What a thoroughly miserable set of events to have to endure at Christmas (or any other) time. A few points that come to mind, in no particular order:

* You need to seek legal advice from a solicitor, not the members of ATS (no disrespect to the latter intended), unless they are genuinely qualified to give it.

* Ditch the care company immediately. I'm sure they are within their rights to remove their care, but you are entitled to remove your custom.

* Write to the Chief Executive and Communications Director of the care provider, suggesting that this may make an interesting story for your local TV and newspapers, then sit back and wait for instant resolution.

* No-one is going to have the dog put down.

Don't give in, and best of luck. This is a situation that could and should have been much better handled by the care provider.

reply to post by lacrimoniousfinale


"What a thoroughly miserable set of events to have to endure at Christmas (or any other) time. A few points that come to mind, in no particular order"

Exactly my sentiments!

" * You need to seek legal advice from a solicitor, not the members of ATS (no disrespect to the latter intended), unless they are genuinely qualified to give it."

I'm sure my aunt will do exactly that as soon as she returns from Israel this week, the information I seek here is more for my own peace of mind.

"* Ditch the care company immediately. I'm sure they are within their rights to remove their care, but you are entitled to remove your custom."

Easier said than done i'm afraid they still require care and it takes time to change company but its definitely in the pipeline.

"* Write to the Chief Executive and Communications Director of the care provider, suggesting that this may make an interesting story for your local TV and newspapers, then sit back and wait for instant resolution."

Thanks that's sound advice, cheers!

"* No-one is going to have the dog put down."

I know that buddy, I would put them down first! And there was no suggestion of this in the first place, the dog only barked at them.

"Don't give in, and best of luck. This is a situation that could and should have been much better handled by the care provider."

Think of it this way, if that was some poor mentally disabled child they were filming it could quite easily have be construed as kiddie porn. Someone is going to answer for this, by hook or by crook!

lacrimoniousfinale
* No-one is going to have the dog put down.

I only say have proof that your dog in non-violent because taking people to court can bring out the nastier side of human beings. Most of my family are lawyers, they have to deal with lies and BS on a daily basis, if she says the dog tried to attack her, who knows man, people are un-predicatable, better to cover your arse from all angles.