When is it acceptable in law for a vulnerable person to have their freedom to make decisions taken away from them?

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I was involved in a case where an elderly, vulnerable client fell at home, a very common situation. The emergency services took her to hospital. Once she had received medical treatment, she stated that she wanted to be discharged home because she had, up to that time, been living alone and independently.

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Social Services became involved, and they assessed that my client would not be able to manage at home upon discharge. Social Services spoke with my client about a placement in a care home, rather than going home. My client did not agree with Social Services and wanted to continue to live at home independently. When her well-intentioned social worker came to visit her, my client was understandably upset. She told him he was an "interfering busy-body," and she threw hospital cups and plates at him.

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The Local Authority arranged for my client to be assessed by their appointed doctor, who concluded that the lady did not have the ability to make decisions for herself. Based on that report, an application was made to the Court of Protection, by the Local Authority's legal department, for permission to remove my client from hospital to a care home, of their choice, in restraints if necessary.

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A friend of my client called me and I immediately visited my client in hospital. I know there are many reasons why an elderly person may appear to be unable to make decisions about their own welfare.

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Upon reviewing the medical report obtained by the Local Authority, I advised my client. Based on the evidence I was able to bring to the Judge's attention in the Court of Protection, the Court agreed with me that the assessment carried out by the Local Authority was unsatisfactory. All was not lost for my client! Had it been judged that she was unable to make her own decisions, and taken to a care home, she may have been unable to choose to leave there. I was able to ensure that she was discharged to a place of her choosing, was able to make choices for herself, and had retained her independence.

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If you are aware of a situation similar to, or the same as, the one described in this article, do not hesitate to contact me to assist your family member or friend. It is very important to me that their welfare and their rights are being represented and safeguarded.