Helping Tyson

What was the person’s situation before working with Advocacy Focus?

Tyson had an acquired brain injury and resided in a care home. Tyson regularly asked to see his wife who was in a different care home and who was unable to visit by herself.

Tyson was on a DOLS and an Advocate was appointed RPRto Tyson.

What did you do to help the person?

The advocate contacted the DOLs team, specifically the BIA appointed to the case, to raise concerns that the unwanted separation and lack of contact was a breach of Article 8 of the human rights act (Right to a private and family life) and advised that the situation was impacting adversely on Tyson’s “wellbeing” – Specifically his mental health and emotional wellbeing. His “domestic, family and personal domains” were neglected.  (Care act – Wellbeing principles.)

What was the outcome?

A new condition was placed on the DOLs to outline that the managing authority were to facilitate regular contact for Tyson with his wife, and visits began.

How do you think this impacted on the person?

Tyson presented as happy that he was able to see his wife . When Tyson asked to see his wife (as he did regularly) staff could now remind him of when he would next be seeing her.

Tyson had someone to speak on his behalf and to link up his wishes with his legal rights as below:

Article 8 human Right Act (Right to a private and family life)

Areas of wellbeing addressed (CARE ACT)

• physical and mental health and emotional wellbeing
• control by the individual over their day-to-day life
• social wellbeing
• domestic, family and personal domains

Why do you think advocacy support was so effective?

The advocate made several calls to different professionals initially and highlighted the matter as a tragic personal position to be in for the client, having adverse effect on several areas of wellbeing. Also in legal terms, the Advocate highlighted it was a breach of human rights. (article 8 – right to a private and family life.) The advocate looked into all options for addressing the issue – As a condition was put on the DOLS for contact to be facilitated, the RPR can now check on a monthly basis that the contact is taking place and address the issue further on behalf of Tyson if needed. 

There were initially no conditions on the DOLS about contact with family. However, now that contact with his wife is outlined on the DOLS, if the contact arrangements are neglected in the future, another option would be to approach the issue in terms of the conditions of the DOLS – as a S21A application. This would allow the court to consider whether arrangements are least restrictive or whether the conditions are being met adequately. If this is needed in the future for Tyson, it would be a non means tested legal aid funded court application.