Disabled man unable to return home after health authority ‘declined’ enhanced support

A woman who wants her disabled elderly husband to leave a specialist unit and return home has lost a fight in a specialist court.

The 74-year-old man suffered a brain haemorrhage more than a decade ago and has a number of disabilities.

His wife of more than 25 years asked a judge in the Court of Protection, where issues relating to people who lack the mental capacity to make decisions are considered, to rule that he could go home.

Judge Anselm Eldergill has concluded that the man would not get the “medical input” he needed at home.

The judge had analysed evidence at a hearing in London in November and has outlined his conclusions in a ruling published online.

He described the situation as “very sad”.

The judge said a health authority had “declined” to provide “enhanced GP services” if the man went home.

He said a GP would therefore not be required to provide more than “reactive care”.

The woman had not been able to find a GP who would “support” her husband at home.

“Local NHS services are not configured to care for a person with (the man’s) needs at home,” said Judge Eldergill in his ruling.

“Without committed GP input at home, it is very likely that home treatment would be unsuccessful.”

He added: “It is a very sad situation and I am sure that everyone involved in this case regrets the fact that it has not been possible to find a way of reuniting this couple.”

The judge said the man could not be identified in media reports of the case.

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