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legal

would be an appropriate and
justifiable interference with AC’s
article 8 rights [under the Human
Rights Act].”
Those involved in this case looked
at Westminster City Council v
Sykes, which had considered the
value of being cared for at home at
the end of life to a person with a
progressive condition.
The judge in Sykes found:
“Several last months of freedom in
one’s own home at the end of one’s
life is worth having for many
people with serious progressive
illnesses, even if it comes at a cost
of some distress.
“If a trial is not attempted now,
the reality is that she will never
again have the opportunity to live
in her own home.”
Given AC’s and GC’s mutual
emotional dependency, the judge
concluded that a 10-week trial
period for care at home was in AC’s The son agreed with professionals to clean the house and check the kitchen for out-of-date food weekly
best interests.
AC would share the cost of
retaining the care home room with Notably, the judge praised “the
the council. A self-funder, AC had very fine work which has been The judge praised ‘the very fine work
£240,000, which would cover the carried out in this case by all of the which has been carried out by all of
care costs in either setting. professionals… [as well as] the
The new deputy who had been high quality of the work the professional and the high quality
appointed would be empowered to undertaken by the social worker”. of the work by the social worker’
remove items from the property The social worker had produced
whether they belonged to AC or 10 witness statements, describing
GC. They would employ cleaners, the condition of AC’s property and
which would improve the stating that some progress had
relationship with the care agency. been made with the lounge, authority in this case, the question
hallway, kitchen bathroom and remains whether a council would
Conditions AC’s bedroom. try quite so hard for someone it
Great care had been taken over the The fire service confirmed that had responsibility for placing or if
conditions needed for AC to take the risks had dramatically reduced they were less wealthy.
up this trial; the court found from when they were first involved. This judgment is also notable for
it significant that GC agreed to One care agency was happy for outlining the consequences of
them all. GC to be a second carer, provided hoarding – information that will be
Conditions included that GC was that he received training, and useful in future cases.
trained on moving and handling, said the hoarding would not be This case resulted in a humane,
received ongoing therapy and an issue. civilised outcome for both the
committed to giving full access to person support and the family
care workers. Legal aid carer who also had support needs.
GC also agreed to vaping rather It may seem unusual that AC got anyone looking to support family
As such, it will be of interest to
than smoking indoors, checking
legal aid despite having access
Jaranda/Wikimedia Commons CC BY SA 3.0 food, not drinking alcohol when challenge to a DoLS authorisation desire to be cared for at home. n
carers and uphold an individual’s
to £240,000. That is because any
the kitchen weekly for out-of-date
under section 21A of the Mental
expected to be half of a care team
Capacity Act attracts non-means-
and cleaning the house weekly.
Cases
tested financial support as
He also had to give notice of any
AC and GC (capacity: hoarding: best
interests) [2022] EWCOP 39. https://www.
respite he would take, agree to
such cases are associated with
bailii.org/ew/cases/EWCOP/2022/39.html
unannounced monitoring visits
human rights.
Westminster City Council v Sykes [2014]
And, while the judge thought
and not leave his mother alone for
more than two hours.
well of the efforts of the local
EWCOP/2014/B9.html
Community Living winter 2023 vol 36 no 2 EWCOP B9. http://www.bailii.org/ew/cases/ 9