Call for council to be named after woman, 71, jailed in Portugal care home case

A campaigner has called for a county council whose social services bosses asked for a 71-year-old grandmother to be jailed after complaining that she had not complied with judges’ orders and was in contempt of court to be identified.

The case hit the headlines earlier this month after Teresa Kirk was given a six-month jail term following a hearing in the specialist Court of Protection – where judges analyse issues relating to people who might lack the mental capacity to make decisions for themselves.

Mr Justice Newton had imposed a jail term – at a public hearing in London in August – after being told that Mrs Kirk had taken an elderly man with dementia to a care home in his native Portugal and refused to return him to England.

A written version of the judge’s ruling has been published on a legal website – but the county council whose bosses asked for Mrs Kirk to be committed to jail has been named only as “a local authority”.

In the ruling the judge indicates that the “local authority” is a county council in the South West of England.

Former Liberal Democrat MP John Hemming (pictured), who campaigns for improvements in the family justice system, says the public have a right to know which council launched proceedings.

“This is a serious issue,” said Mr Hemming, a former Birmingham MP.

“A 71-year-old woman was jailed in circumstances which will surprise many people. The public has a right to know what is done in their name and how their money is spent. Even the elected members of the council which launched this action may not know that their council is involved.”

He added: “There is no logical reason why this council should not be named. The ruling should be re-published with the name of the council included.”

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