03/04/2020
Our Court of Protection Teams latest Human Rights Case - Coronavirus, Contact, Liberty and Equality: - https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCOP/2020/17.html&query=(BP)+AND+(v)+AND+(surrey)+AND+(county)
Mr Justice Hayden, Vice President of the Court of Protection, yesterday, released his judgement on our application, which was brought to the High Court last week, in response to the Coronavirus pandemic. We asked that the court consider whether the blanket ban implemented by the care home is an infringement of our client’s Articles 5 and 8 European Convention on Human Rights (ECHR). Articles 14 and 15 ECHR were also discussed in considering derogation and duties under the Equality Act 2010, that being the duty to make reasonable adjustments. The application was brought by our client’s daughter in her capacity as litigation friend, on behalf of her 83 year old father who suffers with Alzheimer’s dementia and is profoundly deaf. Mr Justice Hayden has directed that care homes must ensure ‘effective communication’ with the family, and that care homes should use all creative options to achieve such effective communication. In this case, it was agreed that visits by the family should take place by way of them communicating with ‘P’ from outside of his bedroom window. At Bison Solicitors, we are passionate that during these unprecedented times that any unlawful infringements on a person’s Human Rights should be subject to challenge
Counsel was Alison Harvey of No5 Barristers' Chambers. The team from our CoP department was Stephanie Oxley, Kate Churchouse and Bethany Waldron.
I heard this case on 25th March 2020. At the conclusion of evidence and submissions, I gave my decision to the parties. Given the importance of the issues raised and in order to do justice to the careful arguments of both advocates I reserved this written judgment.
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