Social services staff wrong to move vulnerable woman into care facility

Council social services staff unlawfully moved a vulnerable woman from her home and placed her in a care facility, a senior judge has said.

Sir James Munby said the woman, who has a learning disability and was in her 20s when she was moved, lacked the mental capacity to make decisions.

He said concerns had been raised about the woman’s behaviour – and about her relationship with her mother.

But he said a judge should have approved the move before staff went ahead.

Sir James made his comments in a ruling after analysing a number of issues relating to the woman’s care at a hearing in the Court of Protection – where cases involving sick and vulnerable people are considered – in London.

He said the woman had been moved four years ago.

And he said local authorities had to “obtain appropriate judicial authority” before moving people who lacked the mental capacity to make decisions from their homes.

Sir James, the president of the Court of Protection and the most senior family court judge in England and Wales, did not identify the woman or the local authority which had responsibility for her care.

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