Woman with learning difficulties ‘would be happier at home’ than in special unit
A woman with learning disabilities is to be cared for at home on a trial basis after members of her family won a court fight with council social services bosses.
The woman, who is in her 30s, had been living in a specialist unit about an hour’s journey from her family home.
Social services chiefs said the woman had a variety of problems and needed help from skilled professionals – and that she was better off in a specialist unit.
But a judge has concluded that she would be happier at home.
Mr Justice Baker said evidence showed that the woman wanted to be with her family – and he said relatives could give her the emotional support she needed.
The judge has ruled that she should be cared for at home on a trial basis.
He said social services staff would still be involved, and would review her progress.
Mr Justice Baker has analysed the case at hearings in the Court of Protection – where issues relating to people who lack the mental capacity to make decisions are considered – in London in recent weeks.
He announced his decision in a ruling late on Tuesday.
The judge said no-one – including the council – could be identified in media reports.
He said naming the council might create an information jigsaw which could lead to the woman’s identity being revealed.
Litigation relating to the woman’s care began nearly a decade ago.
Three years ago a judge raised concerns about the size of legal bills being run up.
Mr Justice Roderic Wood said that, over a two-year period, £350,000 of taxpayers’ money had been spent on the case – and he 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 involved in litigation.
Her relatives have been represented by lawyers funded through legal aid.
Judges have heard that the woman comes from a Muslim family.
At one stage a judge considered evidence on the religious and cultural reasons for shaving a Muslim woman’s pubic hair.
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