Adult protection bosses vow to review practice over Muir of Ord brothers conned over sale of family farm
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Three brothers lost their home after giving two men power of attorney.
Hugh, Roderick and David McCulloch previously lived at Logie Farm, Muir of Ord and had, in dubious circumstances, appointed Ivan Warwick and Douglas Stewart as attorneys to manage their personal affairs as their health declined.
In June 2014, the brothers had transferred the farm where they had been brought up to Mr Warwick and Mr Stewart, and their wives, for “love, favour and affection” and no financial payment.
A ruling at Inverness Sheriff Court has now found the property was sold on to other parties for a price considered below market value, with no account to the brothers for the proceeds of sale.
A sheriff found the brothers had been subject to “undue influence” and has made a decree requiring Mr Warwick and Mr Stewart, and their wives Jocelyn and Marie, to pay £390,000 to the brothers’ estates.
The court ruling found it was the brothers’ desire to live out their lives at Logie Farm and that, were it not for the intervention and deliberate actions of their attorneys, this may have been possible.
Ultimately all three were split up and moved to separate placements by their attorneys.
Hugh and David have since passed away while Roderick is currently being cared for at Isle View Nursing Home in Aultbea.
Adult protection measures were initiated in 2017 and again in 2018 in response to concerns raised by relatives, friends and neighbours.
In 2018 the Highland Health and Social Care Partnership took legal action to ensure the safety and wellbeing of the brothers by arranging for the appointment of a professional financial guardian.
That appointment resulted in the legal action described and further action is ongoing, with a case being brought against the former attorneys to deal with other transactions made.
In a statement the Highland Adult Protection Partnership said: “It is considered that it is important to review practice as a result of this case.
“It will be necessary to consider if there may have been missed opportunities to protect the brothers’ interests.
“The Adult Protection Committee has therefore commissioned an external review of the actions taken with a view to learning lessons in relation to adult protection.
“It is anticipated that any learning is likely to extend to national bodies tasked with the delivery of adult support and protection.”
Committee convener Garry Coutts said: “It’s important for us to get the message across to everyone in Highland that if they have ‘seen something – say something’. If you are concerned about someone make an adult support and protection referral to the local social work team via the Single Point of Contact or via our website, ASP in Highland. Or, where there is immediate danger, call the police.
“Please let services know about your concerns – what you know may be an important part of the jigsaw which will help us understand if a person needs support or protection. Services have been working hard to support and protect adults at risk of harm, but it is up to all of us to play our part”.
Chief social work officer Fiona Duncan thanked all staff involved in protecting the McCulloch brothers, and those who had raised their concerns.
She said: “It is important to remember that the protection of those more vulnerable members of society is everyone’s business and the public should not hesitate to contact services if they are worried about any adult who may be the subject of exploitation.”
Ledingham Chalmers partner Victoria Leslie, who was involved in pursuing the case, said: “It’s imperative the legal profession pursues cases like this: representing vulnerable people who have been subjected to undue influence – by those in a position of trust – at a time when they are particularly susceptible.”
