London Borough of X v MR & Ors [2022]
Case background
86 year old MR has advanced dementia and was discharged from hospital straight into CC Nursing Home during the first Covid-19 lockdown when the need for hospital beds was dire. As such, MR’s best interests and his wishes and feelings concerning living at a Jewish care home were not properly considered. In fact, CC Nursing Home didn’t know he was Jewish and had fed him pork.
It was accepted that MR no longer had the mental capacity to decide where he should live. As a Jewish man, MR’s family wanted MR to move into a Jewish care home so he would be able to continue living in his Jewish community. The local authority and the Official Solicitor made an application on behalf of MR to keep him at CC Nursing Home as they believed it was in his best interest.
To stay
Medical experts asserted that moving MR so soon after coming out of the hospital carried a high risk of mortality. MR was given a life expectancy of 2.3 – 4.3 years and so may only have months left. Staff at CC Nursing Home said they had built a rapport with MR and he seemed comfortable and content. They had also tried to accommodate his religious and cultural needs by playing Jewish movies and music. They also said that due to his lack of capacity, there was a limit as to how much he could understand his religious and cultural traditions and practices.
To move
MR’s Rabbi of 17 years confirmed that he was a devoted and committed member of his synagogue and the Jewish community in his life. There was evidence that he valued his faith and community very highly. Though he might not be able to fully understand what was going on, he could benefit from being in a familiar setting. At CC Nursing Home, no Rabbi ever attended MR and the nursing home said it wasn’t their responsibility but the family’s responsibility to arrange. Only one festival day was celebrated during MR’s 18 months at CC Nursing Home.
Despite making an application on behalf of MR to keep him at CC Nursing Home, the Official Solicitor acknowledged that “some people find comfort in returning to their roots and the familiar things and ways of their early life, and they also find comfort and support in their religion” and these qualities can be more important than maximising life expectancy.
The Judge needed to consider the following:
- What were MR’s wishes, feelings, beliefs, and values before he lost capacity? Would they still remain and how would they influence MR’s decision-making if he had the capacity to decide?
- Other factors MR would take into consideration if he had the capacity to decide;
- Views of family members;
- Views of professionals and carers along with anyone else interested in his wellbeing; and
- Any and all other relevant factors including risk of mortality and health deterioration.
The Court’s decision
Taking into consideration all of the above, whilst taking care to place weight on particular factors, District Judge Eldergill concluded it was in MR’s best interests to move into a Jewish Care Home as soon as practicable.
He reasoned that the move would give MR:
“the best opportunity to enjoy or gain satisfaction from what life is left to him and the likely benefits outweigh the likely risks…he will receive his care during his final days in a caring environment that he intended for himself culturally, religiously and socially; and in a manner that more fully accords with his values and the way he chose to live out his life”.
How can we help?
Should you be affected by any issues in the above article, please do not hesitate to contact a member of the Court of Protection team in Derby, Leicester, or Nottingham who will be able to assist.
Please call 0800 024 1976 or contact us via our online form.
Contact us