Woman who hates being in care facility wins legal fight

A hearing was held at a Court of Protection in Preston, Lancashire

A woman with disabilities with mental health issues who "hates" being in a care facility and wants to go home has won her fight in a specialist court.

The woman had previously been ordered to move to the specialist facility for several months for assessment.

But she said she hated being in it and a judge was asked to decide what was in her best interests.

Judge Simon Burrows ruled she could return home at a hearing at a Court of Protection in Preston, Lancashire.

He said removing the woman's "right to her liberty" would not properly recognise her "right as a disabled person" to be "afforded respect and dignity for the way she wishes to live her life".

He said the woman, who is in her 40s, could not be identified.

The case was brought before the courts as the woman was unable to "engage" with carers when at home and had become seriously ill.

Judge Burrows had concluded that she did not have the capacity to make decisions about her residence and care.

He had approved the original plan under which she was forced to move to the specialist care facility for several months so she could be assessed.

'Proper context'

But Lancashire and South Cumbria NHS Foundation Trust and Lancashire County Council returned to court to ask him to make a decision after the woman said she hated being in the unit.

Court of Protection judges consider issues relating to people who may lack the mental capacity to take decisions for themselves.

Lawyers representing health authority and council bosses said evidence indicated that it was best for the woman to remain in the care facility.

But the judge said barrister Ben McCormack, who represented the woman, had put her "wishes and feelings" into "proper context".

"(Her) wishes and feelings are clear," said the judge.

He said he had concluded it was not in the woman's best interests to remain at the care facility, even though there were risks.