In the case of BP -v- Surrey County Council , it was argued before the Court that the restrictions amounted to unlawful interference with internationally protected human rights, specifically the right to liberty and security and the right to respect for private and family life. In his judgement, Judge Hayden acknowledged that there had been a seismic change to the quality of the gentleman’s life since 20th March 2020. However, the importance of complying with governmental guidance had the priority. He concluded that the restrictions in place were proportionate and noted that the family could use their daily exercise time to visit his window, respecting social distancing. Judge Hayden recognised the mutual resolve of the family and the gentleman’s carers to be creative in finding ways to facilitate forms of communication. The Court acknowledged that it was appropriate for this issue to be brought before it for deliberation given the substantial impact on the lives of many living in residential care, and their families. For advice and assistance on any elder client matter, please contact Linda Johnston on lj@fhanna.co.uk The English Court of Protection has recently given judgement concerning the banning of family visits to a care homes following government guidance in light of the ongoing Covid 19 pandemic.
The case involved the daughter of an 83-year-old deaf man with Alzheimer’s disease who was living in a care home. This gentleman’s daughter argued that a complete ban on family visits amounted to an abuse of his human rights. Her father was a popular man with frequent visitors. He was visited daily and weekly by various family members. His deafness meant that otherwise keeping in contact by phone was not possible. Consequently, he was substantially without most forms of communication and contact as a result of the restrictions.