Kay is in her seventies and lives in a residential care home. She is subject to Deprivation of Liberty Safeguard Authorisation and Tori is her Relevant Paid Person's Representative (RPPR) from POhWER. Everyone who is deprived of their liberty under the Mental Capacity Act must have a representative. This could be a family member or a friend but if there is no one suitable it could be a Paid Representative also known as a RPPR. RPPRs are qualified advocates who have specialist knowledge of the Mental Capacity Act and Deprivation of Liberty Safeguards.

Kay has a diagnosis of Bipolar Affective Disorder and cognitive impairment, which stop her from being able to look after herself and carry out day-to-day tasks. Her health conditions also limit her mental capacity to understand information that would inform decisions about her care and accommodation needs.

When Tori first met Kay, she told her that the one thing she wanted was to have contact with her family. Kay said that she had spoken to the staff at the home about this but they had done nothing and she wanted Tori help her impress upon them how important this was to her.

Tori supported Kay to speak to her key worker together about this. Care Home staff then told Tori that they were not prepared to allow contact between Kay and her family due to a historic safeguarding issue.

Tori discussed this with Kay and she said that she knew there had been an issue but that she felt safe now and still wanted Tori to help her to see her children and grandchild.

Tori contacted the social worker who had dealt with the safeguarding issue and he advised Tori that he felt that there were no current risks to Kay to have direct contact with her family given that she was now in residential care. The social worker supplied the home with contact details for Kay's children and advised them that he thought contact would be appropriate. Despite this, the home took no steps to facilitate contact, even though Kay repeatedly told Tori and the home staff that she was desperate to see her children and grandchild.

In light of this, Tori discussed the issue with the Best Interest Assessor when the Standard Authorisation needed to be renewed. Following this, the Best Interest Assessor added a condition to the new Standard Authorisation - that the home should take steps to ensure Kay resumed contact with her family.

Kay is now in regular contact with her son, daughter and grandson.

When Tori next saw her, Kay said that she could not thank her enough for everything she had done to make this happen. She said that Tori had listened to her and supported her to have her wishes taken seriously and that she could not be happier.

Tori protected Kay’s right under Article 8 of the Human Rights Act to Respect for private and family life.