Guidance on Irene’s story

acts

Irene lives at home. She has a close relationship with her son Alan.

The conversation between the care workers suggests that Alan is not coping very well with Irene’s high support needs. This raises the issue of the support required by unpaid carers and whether Irene has the care she needs.

The film shows uneaten food and drawn curtains, and the care workers’ conversation suggests that Irene may even be neglected at times. Irene appears not to be getting much social contact, is isolated and may have been left soiled overnight. This has an obvious impact on her health and dignity.

We also learn that the care provider is about to change and Irene does not yet know about the change. We know she will be distressed as she has a good relationship with the care workers.

Alan is reluctant to refrain from smoking around the care workers which raises the issue of the workers’ rights to a healthy working environment.

nalysis of rights at stake

Potential human rights at stake here are:

• Article 2 (the right to life) - if Irene is not being properly nourished and fed (for whatever reason) her life could be at risk

• Article 3 (the right not to be subject to torture or to inhuman or degrading treatment or punishment) - it appears that she is sometimes left soiled overnight, limited social interaction; no access to food and constrained to her bedroom

• Article 8 (right to a private and family life) - she is restricted to her bedroom and increasingly isolated. The Article 8 rights of Alan as a carer and for the care workers should also be considered.

Articles 2 and 3 are absolute rights so there can be no restriction on these and no justification for leaving Irene in inhuman or degrading conditions or compromising her right to life. If the care workers feel this threshold is being met they must take action. The justification for restricting Alan’s smoking is that it has an impact on the rights of the workers to a healthy working environment. A proportionate response to the situation might be to permit Alan to continue smoking within some rooms of the house or prior to the carers’ arrival but to refrain from smoking in the kitchen or Irene’s bedroom where the care workers are present.

dentification of shared responsibilities

Care workers have a responsibility to raise the issues around Irene’s care with their managers. The care provider must raise the issue with the local authority. This is particularly the case where there is a potential Article 3 issue.

The local authority has a responsibility to ensure that Irene’s care package meets her needs so as not to breach an Article 3 threshold.

Alan has a responsibility to recognise the rights of his mother. This might mean initiating changes to her care package. Alan may also need to seek support for his own needs.

eview actions

• Has Irene got the support she needs to express her views?

• Have the care workers raised the issue with their manager?

• Has the local authority been informed of the situation?

• What changes have been made to Irene’s care?

• Has Alan stopped smoking around the care workers?

• Has Alan received any additional support in his role as a carer?

• How does Irene feel about any change to the arrangements being made?