The Court of Protection is an unusual place for a judge to make a costs order, but following a catalogue of perceived oversights, the judge insisted that certain events had been handled so poorly, conducted with such oversight and incompetence, that the Court needed to show its disapproval.
The case, London Borough of Lambeth v MCS & Anor, concerned a Columbian woman incapacitated and suffering brain injuries following a serious cardiac arrest.
The original attack dates back to May of 2014 and during the ruling the judge made it clear that the woman was ready for discharge before the end of that year. Subsequently, it was also the express wishes of the woman to be repatriated in Columbia where she would have liked to recover.
Unfortunately, and attributed to what the judge referred to as ‘disorganised, muddled and unfocused decision making, and what has at times verged on arrogant,’ the woman was confined to the London hospital for an additional three years.
It has been estimated that the woman’s care has cost around £2,000 a week, and over £280,000 to incarcerate the woman, against her will, for the following three years.
The judge was critical of the council and commissioning group during the verdict.
Mr Justice Newton, presiding judge on the case, said: “Too little intelligent professional focus was brought to bear and bring this most unhappy situation to a conclusion. To submit that the CCG was “throughout commendably assiduous” in seeking the return to Colombia is about as misplaced and offensive a submission as could possibly be contemplated.
“Without hesitation, I conclude that the circumstances of this case are so poor and so extreme (both in relation to institution of proceedings and their subsequent conduct) that I should make [the costs] order.”
Thankfully, the Columbian woman was repatriated in January this year where she was looking forward to recovering with the help of her family.
Despite the immensely busy and often disconnected health services being strained to breaking point, this case highlights the important need to always consider and deliver the express wishes of the patients, even ones suffering with incapacity.
Is the NHS doing enough to consider the needs of those suffering from incapacity? Do you know families that struggle with similar issues because no LPA is in place?
