A family's
battle to care for an elderly Alzheimer’s sufferer has made legal history after
a judge ruled it could be reported.
He made his
decision after hearing accusations the 92-year-old widower was forced to live
in a care home against his will, and had been denied contact with his son.
The man’s
son claims the pensioner has been unlawfully deprived of his liberty for almost
six months.
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| Care: But a man known as DJ says his father should leave a home and move in with him (pictured posed by models) |
His local
authority claims the dementia sufferer lacks the mental capacity to make the
decision over where he should live, and has insisted he is better off in the
care home.
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Judge Mr Justice Ryder took the unusual step of allowing journalists into the hearing at the Court of Protection, which usually sits in private.
 |
| Mr Justice Ryder: His decision to allow reporting on this case is a legal first |
It is
believed to be the first time a judge has allowed reporting of a Court of
Protection case while it is in progress.
The court
was told the man, who can be identified only as SJ, lived at home with his wife
and son for several years until moving into the care home in December,
following the death of his wife.
In April
his son, known only as DJ, tried to take his father out of the home but staff
called police and the son was subsequently banned from visiting his father.
In written
evidence to the court, DJ said: ‘My father is miserable… and asks of his own
volition to be taken home, whenever we speak.’
The
Official Solicitor, appointed to represent SJ, said it was ‘provisionally’ in
his best interests to stay at the home until independent experts could assess
his ability to make decisions.
The case continues.
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