Conduct of Council "reprehensible" in breaching man's human rights and failing to comply with Mental Capacity Act, says judge
In May 2013, Essex Council unlawfully moved a 90 year old man, who has dementia and other health problems, into a care home against his wishes.
The decision followed a safeguarding alert as it was considered he was vulnerable to financial abuse.
He was removed from his home and placed in a locked dementia unit without authorisation under the Deprivation of Liberty Safeguards. There was no evidence that council staff considered the less restrictive option of supporting him in his own home, contrary to the fifth principle of the Mental Capacity Act.
Disability Rights UK has previously expressed concerns around Deprivation of Liberty Safeguards. Liz Sayce, CEO of Disability Rights UK said:
“We believe that anyone deprived of their liberty should have strong human rights protections. It should not ‘just happen’ that people are deprived of their freedom - placed in a care or nursing home with no option to leave - because neither they nor their family have the knowledge or confidence to object. People who are struggling with capacity to make decisions may want to live in their own home with intensive support – as some people with dementia do, for instance – and placing them in a care or nursing home when it is not where they want to be raises profound questions of human rights.”