Blog - Stupid Quote of the Day (the right to shower alone)

"I understand about human rights but we have a duty of care"

My manager said this to me whilst trying to justify changing someone's support to include support workers watching him shower, every morning. Without asking him, without proper assessment of his needs, and without even mentioning the word 'capacity'.

See, it goes like this. Ethically, and legally, we have a duty to uphold human rights. Article 8 of the Human Rights Act is the right to Privacy. We cannot take away this right unless by legitimate legal methods. The legal method that would trump this right in this case is if, according to the Mental Capacity Act, he is found not to have the capacity to decide what level of personal hygiene he's happy with having. If he doesn't have capacity, it goes to a best interest meeting, where loads of professionals decide what is in his best interest, both psychologically, medically etc. And they would have to come up with a solution that has the least horrible impact on him. This is what SHOULD have happened. But yeah, my manager is above the law, and knows instinctively what is best for everyone.

But let us look at this idea of 'duty of care'.

What she really means, of course, is that:

1) He has learning difficulties

2) He doesn't have the standard of hygiene that she thinks is needed (shower every day? Hell, I only shower once a week, twice in a good week. But I don't have goons  who have been ordered to watch me soap up.)

3) Therefore she knows best and should order support workers to watch this man shower, and nag him when he's missed a bit.

Another case of discrimination. And this is my manager.

So I've got a plan. I've printed out documents on human rights and the law. I have highlighted various important bits, with notes attached, showing how they all link together. My Grande Finale is the printout of something from the CQC (Care Quality Commission, who assess care companies) that clearly states that all care companies MUST comply with human rights. Oh, but perhaps I’ve missed something? Well, I’d be very happy to phone the Care Quality Commission  and ask them about it if you want me to? No? Shame that.

BAM.

I'm presenting this next week, I'll let you know how it goes.

~ Sally Forth

Read about what happened next:

2. I've Made an Enemy

3. The Right to Shower Alone