Our Public Law & Human Rights solicitors helped a man who was put into local authority care and wanted to move back to his own flat.
Stuart* was in his early 50s and lacked the mental capacity to make some decisions for himself. Despite this, he had lived independently in his community for most of his life.
In 2016, social services started looking at Stuart’s care needs and raised a concern that he was having difficulties caring for himself. Stuart was struggling with alcohol consumption and this caused him to develop a form of dementia. The social services department decided that it was in Stuart’s best interests to go into care.
Social services placed Stuart in a residential care home. An advocate was appointed to support Stuart to voice his opinions on his new placement. Stuart told his advocate that he didn’t want to stay in the care home, and that he wanted to return home to his flat.
How We Helped
Stuart’s advocate contacted our Public Law & Human Rights team to see if we could help. Oliver Carter, our solicitor leading the case, gathered evidence to assess Stuart’s situation and see if he could live independently.
We agreed to challenge social services’ decision to put Stuart in a care home by making an application to the Court of Protection.
Shortly after court proceedings began, the social services department agreed with our evidence. They decided that it would be in Stuart’s best interests to return home. They also put a transition plan to make sure Stuart got the support he needed as he moved back home.
A Positive Outcome
Over the following months, Stuart stopped drinking alcohol and improved his independent living skills with the help of his carers, social worker and advocate. He also focussed on eating a healthier diet and managing his medicine. Stuart also worked to help renovate his flat, including decorating and buying furniture. He’s now living in his flat full-time with the help of a support worker.
Oliver said:
“We’re really pleased that [Stuart] can return home to where he is comfortable. It’s really important that proper evidence is collected when decisions are made about someone’s welfare. It’s easy to jump to conclusions.
In [Stuart’s] case there was no reason for him to live in a care home when he had been living by himself all his life. All he needed was a little bit of support and guidance which he is now getting in the comfort of his own home.”
For expert advice on matters relating to mental capacity, the Court of Protection and deprivation of liberty, our Public Law & Human Rights team can help. You could also get legal aid for these types of cases – read more about disputing a healthcare or social services decision.
Call us on 0370 1500 100 or fill out our enquiry form.
*Not client’s real name.
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