Legal action
Ending unlawful detention of adults with incapacity
Published: 20 November 2020
Last updated: 20 November 2020
Case details
| Protected Characteristic | Age, Disability |
|---|---|
| Types of equality claim | Other |
| Court or tribunal | Court of Session (Outer House) |
| Case state | Concluded |
| Our involvement | Judicial review by the Equality and Human Rights Commission (section 30 of the Equality Act 2006) |
| Outcome | Settlement |
| Areas of life | Health |
| Human Rights law | Article 5: Right to liberty and security, Article 8: Respect for your private and family life, home and correspondence, Article 14: Protection from discrimination in respect of these rights and freedoms |
| International framework | Convention on the Rights of Persons with Disabilities (CRPD) |
Case name: NHS Greater Glasgow and Clyde
After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority and a legal agreement was reached.
Background
Patients who were medically fit to be discharged from hospital, but who lacked capacity to make decisions about their personal welfare, were being transferred into and held in two care homes in Glasgow without consent or lawful authority.
The patients were kept in care homes for periods ranging between a few weeks and a year, pending the appointment of a welfare guardian.
Why we were involved
We were concerned this was unlawful, discriminatory and contrary to the United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights, which the UK government has signed up to.
What we did
We used our legal power to bring a Judicial Review against NHS Greater Glasgow and Clyde and HC One (owners of a chain of care homes).
What happened
A hearing before Lady Carmichael in the Court of Session on Thursday 19 November 2020 saw all parties agree to dismiss the Judicial Review on the basis that NHSGGC had ended the practice.
A settlement was secured whereby NHSGGC and HC One Oval Ltd agreed to end the practice, discharge all patients in the two units lawfully, put measures in place to improve the process for discharging adults with incapacity from hospital so their dignity and human are respected.
Who will benefit
All of the existing patients in the two units have now been discharged and NHSGGC have committed to working with their partner local authorities to ensure that all patients and their families know what is happening and what their rights are.
HC One Oval Ltd have also agreed not to accept the transfer of patients from hospitals in terms of this previous practice.
Date of hearing
Date concluded
Page updates
Published:
20 November 2020
Last updated:
20 November 2020
