Phew That Was Close!

When I arrived at the ward at around 10:05 the porters were there about to move my grandmother to the discharge lounge. So I issued the ward staff with a copy of the COP1 form which added to the copy I'd already given too my father. I then issued another copy to the Chief Executive via the liaison office (PALS). I then sat down with my grandmother to give and explain to her her copy. I think it's fair to say she didn't understand a word of it but the form has been added to her possessions so should be given directly to the care home before they decide to accept her.

I've still not heard from the Court of Protection's (COP) technical officer. This is quite annoying because I really need to know if the Judge laid out a framework for the Section 49 order. At it's broadest Section 49 of the Mental Capacity Act 2005 allows a court appointed special representative (in this case the Office of the Public Guardian) to interview the patient, interview to all the staff, review all medical records and observe the patient being treated by the staff. Obviously that last part can't happen if my grandmother is discharged. So it is my opinion that the prevention of discharge is implicit in the Section 49 order however I will agree that it is open to interpretation.

As I was leaving the ward staff were considering their next move. I can only recommend that they seek legal advice before making a decision however based on my experience with them I suspect they're going to discharge anyway in the hope that changing the situation on the ground will change the legal situation. As for whether or not the nursing home will accept my grandmother they are part of what was the Southern Cross group which does suggest a high degree of managerial competence.


Edited at around 12:00 on 9/11/11: I have now received a copy of the COP's order. However it is a sealed order so I can't tell you what's in it, which Judge made it or when it is expected to be carried out by.