EVIDENCE OF A NATIONAL SAFEGUARDING FAILURE
A clear picture of what families across Scotland are experiencing.
Across Scotland, families describe the same patterns when Power of Attorney or guardianship is misused.
Different councils, different care homes — but the stories sound almost identical.
This is not one person’s experience.
It is happening everywhere.
Below is a short, simple summary of the failures families report most often.
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1. Being shut out or cut off from a loved one
Families describe:
• visits stopped or restricted
• calls blocked
• messages not passed on
• birthdays, holidays or everyday contact removed
• “The PoA says no” used with no legal basis
This causes real emotional harm — and is not what the law allows.
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2. Capacity decisions made without proper assessment
Families often say:
• nobody spoke to them
• assessments were rushed or one-sided
• decisions made only on the attorney’s view
• old reports used instead of fresh assessments
This goes against AWI principles and good practice.
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3. PoA powers stretched far beyond what the law allows
Common examples:
• banning visits
• stopping phone calls
• refusing outings
• controlling day-to-day life in ways the law does not permit
A PoA cannot authorise isolation, deprivation of liberty, or cutting a family out.
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4. Adult Support & Protection concerns ignored
Families report:
• emotional harm dismissed
• ASP concerns closed with no inquiry
• “family dispute” used to avoid action
• social work accepting the PoA’s narrative without checking
ASP law requires investigations even when a PoA exists.
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5. No real oversight or accountability
Families say:
• OPG act mainly on financial issues
• MWC send welfare concerns back to councils
• care homes defer to attorneys without verifying legality
• HSCPs follow PoA instructions without challenge
This leaves adults unprotected — and families silenced.
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6. Care homes carrying out unlawful instructions
Reports include:
• visit bans enforced without legal authority
• essential visitors removed
• families told “these are the PoA’s rules”
• residents denied phones, gardens or outings
Care homes must not enforce unlawful restrictions.
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7. Financial concerns with little scrutiny
Families have raised:
• homes sold below value
• missing belongings
• incomplete PoA accounting
• unexplained withdrawals
• OPG accepting limited evidence
These concerns often go unchallenged.
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🌿 WHY ARE WE GATHERING EVIDENCE
The same failures appear again and again — in different homes, councils and situations.
By gathering experiences (anonymous or named), we can:-
• show the true scale of the problem
• protect other families
• push for laws to be followed properly
• prevent people being isolated in silence
Your story, your FOIs, or even one detail can help build the clearest picture Scotland has ever seen.
You can stay anonymous.
Nothing is shared without your permission.
We learn together.
We stand together.
And we won’t let this continue in silence.
EVERY MESSAGE HELPS BUILD THE BIGGER PICTURE.
LET'S SHOW SCOTLAND WHAT IS REALLY HAPPENING BEHIND CLOSED DOORS 💛
🌿 A gentle note
This page is based on public information from Scottish law.
We are not lawyers — we’re families who learned the hard way.
Nothing here is legal advice.
Everything you share stays private.
Now use your voice — and let us know what worked for you.
Your experience could help the next family find their way. 💛