It was on the same day that John Kilbride received the leaflets about sheltered housing through the post that he got the telephone call from the social worker, Misha McTavish. She instructed him to ignore the leaflets and not to tell his mother about them. As it was, John had already innocently discussed the leaflets with his mother but he did not inform Misha McTavish about that. She went on further to tell him that his mother would not be getting sheltered housing; his brother George was going to try to get a Power of Attorney, and she was no longer going to be communicating with him. She never eplained why.
This was quite a shocking telephone call from Misha McTavish. She was more or less instructing him to be dishonest with his mother. After all John had already told his mother to `hang in there` until things got sorted, but according to Misha McTavish sheltered housing was no longer an option for her. This telephone call most likely occurred on the 13 May 2011 because after John Kilbride made a subject access data request via the Data Protection Act, and pushing for more information, he noted that in the Appendix which followed it states:
Extract from entry dated 13 May 2011 (reproduced in exactly the same terms as recorded)
"Telephone call from John Kilbride
Asking to be added as a contact. Added to D10 and person contacts. John advised that he does not work and is available 24/7 and lives within walking distance from his mother. He advised that his brother and sister do not tend to include him in decisions in relation to his mother.`
It should be noted that John Kilbride was already a contact with Misha McTavish because she had sent him the leaflets on sheltered housing and telephoned him the very same day. None of that appeared in their records but John Kilbride still keeps the undated complimentary slip from Misha McTavish which she signed and the leaflets in his possession. He also has the forms for sheltered housing which came in the same envelope which his mother signed whilst she was in Morrieburn care home. Nor do social work records show that Misha McTavish informed him that his mother would not be getting sheltered housing and she was no longer going to be communicating with him. That was done during the unrecorded telephone conversation and it was the last time she ever communicated with him. In that sense she kept her word.
So it was not John Kilbride who telephoned the social worker on 13 May 2011 but the social worker who telephoned him. The last two sentences are accurate. He did insist that he wished contact with her and he did say that his brother and sister did not tend to communicate with him about decisions regarding his mother. What John Kilbride was to learn was how devious social work communications were and how inaccurate were their records. Even after complaining to the Information Commissioner that the social work records were not accurate and providing the evidence, his complaint was not upheld and no attempt was made to amend the social work records. Meanwhile it took months and months to get to that stage whilst social workers ran ahead with their care plan. What John Kilbride also learned was that the whole complaint system was designed to be so sluggish that it was ineffectual for that reason alone.
But first John Kilbride had to learn what a Power of Attorney was because it sounded ominous if George Kilbride was going to try to get hold of one. He had never heard of such a thing.
From the Office of the Scottish Public Guardian website John Kilbride noted what they had to say about a power of attorney.
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What is a power of attorney?
A power of attorney is an authority given by an individual (known as the Granter) to another person(s) (known as the Attorney/s) to deal with aspects of the Granter's affairs. This could relate to financial/property matters and/ or personal welfare.Powers relating to the Granter's financial /property affairs are known as "continuing powers" and may be given with the intention of taking effect immediately and continuing upon the Granter's incapacity or beginning on the incapacity of the Granter. Welfare powers cannot be exercised until such time as the Granter has lost the capacity to make these decisions. Granters have scope to grant whatever powers they choose, however as these powers will be strictly interpreted; the Granter should ensure that the powers granted are specific and cover all the relevant aspects of their affairs. A power of attorney document should contain either continuing powers, welfare powers or a combination of both.
When a continuing power of attorney is to begin only in the event of incapacity or if welfare powers are conferred, the document must include a statement confirming that the Granter has considered how their incapacity is to be determined. It is suggested as good practice for the Granter to also consider stating in the document how incapacity is to be determined or highlighting who should determine when the Granter has lost capacity.
Who can I appoint as my attorney(s)?
The attorney(s) should be someone you trust. You can appoint who you want, this could be a relative, a friend or a professional person such as a solicitor or accountant or a combination. You can appoint someone to deal with financial matters and someone different to deal with personal welfareTo learn more click HERE
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What immediately leapt out at John Kilbride was that a Power of Attorney concerned financial and welfare matters and it was for the granter to appoint the person she trusted to take care of her affairs. What John Kilbride had been informed by the young and probably naive social worker was that George Kilbride was going to try to get a power of attorney. But George Kilbride had no right to try anything of the kind. It was for his mother to do the granting, and in this case, Mrs Kilbride had made her feelings clear. She felt dumped and chased George Kilbride away with her walking stick and let John know that as far as she was concerned `George could go to hell.`
It was also puzzling why the care workers had not passed that information on to Misha McTavish. After all, they had told John Kilbride all about it and advised him to speak with his brother which John had chosen not to do. John Kilbride`s next mission was to try to find out what social workers should have been doing in regard to his mother`s care because surely blocking communication with him and telling him about George`s criminal intentions should not have been standard practice.
Examining the Scottish Government website in regard to South Lanarkshire Council he found that in a staff survey, `two thirds of the staff agreed that the views of people who use services were taken into account when planning services. A majority of staff also agreed that the experiences of staff and carers were fully taken into account in planning services. Other survey results suggested that partner organisations were largely satisfied not only with their own involvement, but also with the way in which social work resources involved people who use services and carers in service planning and development.` The source is HERE
In this Performance Inspection 2006 report which was as close as he could get to the events of 2011 John Kilbride was informed that `We found evidence of a genuine attempt to involve people who use services and their carers in South Lanarkshire.` John sneered when he saw this and wondered what a non-genuine attempt to involve people would look like. Something like his mother`s case he thought.
What John Kilbride knew was that in 2011 there had been no genuine attempt to involve his mother in her use of services because he had been instructed to withhold information from her and neither was he, as his mother`s son and carer, going to be involved. In fact, he was informed by the young social worker that she was not going to communicate with him further and was true to her word. Mrs Kilbride had been removed from respite in one care home to incarceration in another care home in highly dubious circumstances. John Kilbride had to learn to wade through the government doublespeak which was as dry as dust and as interesting as the care home his mother was incarcerated in; and he learned it always provided the same message. `No need to complain because we`re doing a great job.`
In the above video Julie Stewart, the heavily made up woman in the photograph, is telling us that she is Team Leader of Older People`s Services in South Lanarkshire Council. She asserts that trades people like dustbin men, postmen and others in the community are her `eyes and ears.` In other words she is encouraging a spying network for the State to weed out vulnerable elderly people if we read between the lines. The hypocrisy in his mother`s case could not have been more blatant. It was all right for a postman to pass on information but not all right for a son.
In their newletter John read:
Jim Cameron, chair of the Adult Protection Committee
The final touches have been made to a new leaflet about adult protection for the adult protection coordinator employees in public bodies in South Lanarkshire. The leaflet is small and so can be easily kept in a purse, handbag or pocket for easy reference. The general message is that `reporting your concerns or suspicions may be the first step in ensuring an adult is protected from harm`. There will be a publicity launch for the leaflet in February and all staff in public bodies in South Lanarkshire will receive a copy. The launch will also highlight South Lanarkshire Council`s Corporate Adult Protection Procedure which gives employees more information about this issue. For more information contact the adult protection coordinator.
It was in February 2011 that the `wee pocket guide` was launched to inform staff in public bodies in South Lanarkshire that they should report their suspicions or concerns. It was in May of that year that Mrs Kilbride was incarcerated in Morrieburn care home. Surely the care workers in Morrieburn and Misha McTavish herself would have received their own `wee pocket guide` and been aware that it was their responsibility to raise concerns in order to protect adults from harm. If we accept the project at face value this made it all the more puzzling why social services were stepping aside and allowing George Kilbride to try to get a power of attorney when his mother had demonstrated clearly enough that she wanted nothing to do with George Kilbride.
On one particular day when he took his mother out of the care home for a break, John Kilbride remembered the care worker who had asked him,`Does George know?` It was obvious that care workers had been informed of some intentions in relation to George Kilbride and they were ignoring the ramifications. He realised that his mother was up against it and no `wee pocket guide`was going to help. Rather than withholding the information from her, he told his mother that George was going to try to get a power of attorney. He did not mention the changes in regard to sheltered housing in order not to upset her too much. The fear was that she might be fooled into signing a document. Mrs Kilbride was adamant that George was not going to get any such thing and she would only sign her name Mickey Mouse if she was ever put under any pressure.
The point was John Kilbride knew what a control freak his brother was and how ruthless he could be. If he ever got hold of a power of attorney he would use its powers to the maximum. With the mandate for his mother`s bank in his hands already, he had no more need of his mother and sheltered housing was no longer going to be pursued for her, which had been the original plan and something George Kilbride said he was helping his mother to do. Mrs Kilbride felt badly treated. She lamented that she had gave and gave and gave, and it was those she had given most to who had let her down. It was true that Irene had run away with her house key and George had gone off with her bank account. But John Kilbride was beginning to understand it was even worse than that. The system itself was somehow aiding and abetting the two who wished to dump their mother in the care home.
Jim Cameron and the `wee pocket book`
John Kilbride realised they had to start fighting back somehow. He made a recording: He asked his mother to tell him where she wanted to live. "I want to go home," she said straight away and John had to remind her that she had applied for something else. "Sheltered housing," his mother said. As long as there was no power of attorney or guardianship order he knew that his mother`s views should be taken into account by social services. It was then that Mrs Kilbride said she wanted John Kilbride to take charge of her affairs and that he should be her power of attorney. At the time it seemed the only way to safeguard Mrs Kilbride from George and to begin to get her out of this mess. Surely if John Kilbride obtained a power of attorney he could not be so easily dismissed by the social worker.
He received the letter from the Office of the Public Guardian (Scotland) on 26 May 2011. It stated:
Following on from your recent enquiry, I enclose useful information on how to make a Power of Attorney.
Once you have arranged for your Power of Attorney to be drafted, the following documents should be sent to this office.
(l) The original signed Power of Attorney document containing a fully completed
certificate of capacity.
(2) A completed registration form which has been signed by the attorney(s)
(3) A registration fee of £70. Cheques should be made payable to Scottish Court Service.
This was the first communication from the Scottish Public Guardian Office but it would not be the last. The `My Scottish Law Blog` (above), speaking about powers of attorney and other matters in relation to the mental capacity legislation might say `if it`s not broke don`t fix it`, but that was not to be John Kilbride`s experience. It was not to be the experience of those involved with the English `Mental Capacity Act` either which held a review in 2013. More information HERE
As it was, what Mrs Kilbride and John decided to do was to approach Dr Hunter, Mrs Kilbride`s GP to ask her to provide the certificate of capacity. As far as John Kilbride was aware this was a certificate to testify that the person understood what they were doing. In those terms his mother should not have had a problem. It was true that Mrs Kilbride`s memory was failing a bit but her personality was intact and she always knew what she wanted and was consistent about it. There was some delay in setting up this appointment because the receptionist called it a `double appointment` and it took more than two weeks. Not only that but Mrs Kilbride had to go into hospital in June which caused further delay. The matter was becoming urgent because Mrs Kilbride could not sit in a care home forever and keep her tenancy but there was also a need to be patient and allow her to recover.
Before this Mrs Kilbride wished John to check her bank account and wrote a note:
To Clydesdale Bank Manager
Dear Sir,
I, Mrs E Kilbride would like my elder son John to help me check my account and statements. I am staying in Morrieburn care home second June 2011.
E Kilbride
She had no reading aids and had difficulty keeping to a perfect straight line on the blank bit of paper but she had done better than most; her writing was clear and so was the meaning. A week later mother and son decided to take advantage on one of their outings from Morrieburn care home to call into the bank. That is when Mrs Kilbride, in front of the bank manager, and with her signature, transferred the mandate from her son George to John. George Kilbride had been systematically removing his mother`s pension from her current account and Mrs Kilbride was determined to put a stop to that. She withdrew no money that day.
To John Kilbride this felt like an outrageous move on his part and as each day passed he felt there would be a knock on his door and he would open it to confront a very angry George. Yet he was also desperate for communication and frustrated because there was none.
There never was a knock on his door.
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