Ending unlawful detention of adults with incapacity

Case name: NHS Greater Glasgow and Clyde

After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority and a legal agreement was reached.

Background

Patients who were medically fit to be discharged from hospital, but who lacked capacity to make decisions about their personal welfare, were being transferred into and held in two care homes in Glasgow without consent or lawful authority.

The patients were kept in care homes for periods ranging between a few weeks and a year, pending the appointment of a welfare guardian.

Why we were involved

We were concerned this was unlawful, discriminatory and contrary to the United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights, which the UK government has signed up to.

What we did

We used our legal power to bring a Judicial Review against NHS Greater Glasgow and Clyde and HC One (owners of a chain of care homes).

What happened

A hearing before Lady Carmichael in the Court of Session on Thursday 19 November 2020 saw all parties agree to dismiss the Judicial Review on the basis that NHSGGC had ended the practice.

A settlement was secured whereby NHSGGC and HC One Oval Ltd agreed to end the practice, discharge all patients in the two units lawfully, put measures in place to improve the process for discharging adults with incapacity from hospital so their dignity and human are respected.

Who will benefit and how

All of the existing patients in the two units have now been discharged and NHSGGC have committed to working with their partner local authorities to ensure that all patients and their families know what is happening and what their rights are.

HC One Oval Ltd have also agreed not to accept the transfer of patients from hospitals in terms of this previous practice.

Date of hearing

Date of outcome