‘Astonishing’ costs highlighted in case involving care of woman with learning disabilities
Lawyers have returned to a specialist court for the latest round of a long-running case which a judge said had cost taxpayers an “astonishing” amount of money and generated an “inordinate” amount of paperwork.
The litigation is being staged in the Court of Protection – where judges consider issues relating to people who lack the mental capacity to make decisions – and centres on the care of a Muslim woman in her 30s who has a learning disability.
At one stage in the case a judge considered evidence on the religious and cultural reasons for shaving a Muslim woman’s pubic hair.
Three years ago Mr Justice Roderic Wood raised concerns over the size of legal bills being run up.
He said over two years £350,000 of taxpayers’ money had been spent on the case – and described the sum as “astonishing”.
Judges have heard from lawyers representing council social services bosses with responsibility for the woman’s welfare.
The woman has been represented by lawyers instructed by staff at the office of the Official Solicitor – who help vulnerable people at the centre of litigation.
Her parents have been represented by lawyers funded through legal aid.
Council social services bosses have now asked a judge to make decisions about whether the woman should be in a specialist facility or at home with her parents.
Mr Justice Baker analysed evidence at a public hearing on Friday.
He is expected to make decisions following a further hearing in the near future.
Barrister Bridget Dolan QC, who is representing the woman via the Official Solicitor’s office, told Mr Justice Baker on Friday: “It is of great concern – the costs in this case.”
Mr Justice Wood had outlined his concerns in a ruling published in October 2013.
He said he had been asked to make decisions about whether the woman had the mental capacity to make decisions about issues including where she should live, her personal care needs and the removal of her pubic hair.
“As long ago as the late autumn of 2007 these same parties were involved in litigation concerning (the woman),” he had said.
“In the course of the next three years many statements and expert reports were filed, leading ultimately to various declarations and orders being made as to the best interests of (the woman) in relation to, amongst other issues, where she should reside and contact with her family.”
He said the amount of paper generated for the proceedings he oversaw could “only be described as inordinate”.
“There have been 740 pages of witness statements filed. Just short of 300 pages of expert evidence, including evidence from an independent social worker, a clinical psychologist, and a consultant psychiatrist, have been filed. There are 274 pages of review meetings, weekly reports from the residential home, mental capacity assessments etc,” Mr Justice Wood had said.
“It became necessary to instruct an expert into the religious/cultural reasons for the shaving of a Muslim woman’s pubic hair.”
He had added: “I requested information as to the costs incurred by each party since November 2011. The local authority’s costs amounted to approximately £138,000 since October 2011, the costs on the parents to £82,000, and the costs of the Official Solicitor to approximately £130,000. This is an astonishing sum of money to spend on one case.”
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