Judge asked to rule on Holocaust survivor at centre of court discussion over her care

A Holocaust survivor who complained that being in a care facility made her feel ”like a prisoner again in the German concentration camp” should not travel to Israel for a holiday, a judge in a specialist court has been told.

The woman, who is in her 90s and has dementia, is at the centre of litigation in the Court of Protection where judges consider issues relating to people who lack the mental capacity to take decisions, in London.

Council social services staff have asked District Judge Anselm Eldergill to make decisions about what is in the best interests of the pensioner, who grew up in Hungary and was held in a Nazi concentration camp during the Second World War.

The woman, who uses a wheelchair, had said she had friends in Israel and would like to visit, Judge Eldergill had been told.

Barrister Katarina Sydow, who represents the woman and take instructions from a third party “litigation friend”, had said discussions would be held with professionals involved in the pensioner’s care.

She said medics would have to assess the pensioner’s “fitness to fly”.

Lawyers say the idea of an Israel trip has now been been ruled out.

They say everyone involved has concluded an Israel trip would not be in the pensioner’s best interests.

The pensioner had been taken back to a flat where she used to live for trial visits.

But lawyers had told Judge Eldergill that everyone involved agreed that she could not be properly cared for there.

The judge heard that the pensioner had enjoyed taking trips to her flat and lawyers said more trips out might be good for her.

Judge Eldergill has ruled that the woman, whose daughter has attended hearings, cannot be identified.

The judge has also said the name of the council involved cannot be published in case an information jigsaw was created which revealed the woman’s identity.

Lawyers representing social services bosses have told the judge that the woman has vascular dementia, an acute kidney problem, diabetes and hearing difficulties.

They say she has been assessed as lacking the mental capacity to make decisions about where she lives and about her care.

She had been admitted to hospital following a fall at home then placed in a care facility more than two years ago.

Relatives had thought that she could not manage at home.

Judge Eldergill had told how the pensioner had made references to ”feeling like a prisoner again in the German concentration camp” and just wanting to be ”free from this place”.

He said her confinement in a concentration camp was one of the reasons why she placed such ”high value on her liberty”.

She had said she wanted to be buried in Israel.

_{Copyright (c) Press Association Ltd. 2017, All Rights Reserved.}