Our Public Law & Human Rights solicitors helped to move a 54-year-old woman (“L”) with Huntington’s disease, back to her home country of Scotland.
L was diagnosed with Huntington’s disease, which can causes problems with understanding, thinking, memory, movement and communication. As a result, she was assumed to lack the capacity to make decisions for herself in respect of her residence and care.
She had moved to England to live with her daughter, until her health deteriorated and she was admitted to a care home in Staffordshire. Her daughter then moved back to Scotland and despite her best efforts, was not able to bring her mother with her.
L loved her home, her family, and animals. She had lived a very active life and was longing to have more activities to do.
The Dispute
L repeatedly stated that she wanted to leave her care home in England and this triggered proceedings in the Court of Protection to examine L’s deprivation of liberty and her best interests in respect of her residence and care.
L repeatedly stated that she felt trapped in England and desperately wanted to move back to Scotland. L started to display acts of challenging behavior like refusing to eat and shower, until she could move back to Scotland.
L’s advocate got in touch with our Public Law & Human Rights lawyers in July 2017 and asked us to help.
How We Helped
We made an application to the Court of Protection to challenge L’s deprivation of liberty and examine the options in respect of her residence and care.
The case was complex because Scotland operates under a different legal jurisdiction and the issue of the funding of L’s care in Scotland was not straightforward. After a number of court hearings and lengthy arguments the court allowed L to move back to Scotland. L was sent to a care home close to her daughter. It had a beautiful scenic view and had specialist care for people with Huntington’s disease.
We also helped secure a wheelchair for L as her mobility got worse. She was allowed to take this wheelchair with her to her new home in Scotland. This meant she could access her new community without risks of an injury form a fall.
L's daughter was very pleased with the outcome. She said, "Just to let you know she arrived safely and was very excited about the new home. She said her room is massive and it's like a hotel! She's so happy! Thank you again for everything, it's lovely to have her back and you've made me and her very happy."
If you’re in a dispute about a vulnerable person’s care or living arrangements, our Public Law & Human Rights solicitors may be able to help you too. See our Mental Capacity Solicitors page for more information.
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