Wednesday 31 August 2022 – Thursday 1 September 2022
By an Appellant’s Notice filed at this Court on 14 July 2022, this is an appeal against the decision of Hayden J in the Court of Protection, where injunctions were made against the parents and grandmother of a profoundly disabled young woman.
Background: G, now aged 27, has lived for the last 14 years at a Children’s Hospital. G suffers from a rare and profound degenerative neurological condition which affects the entirety of her central nervous system. The condition is progressive and is neither receptive to treatment nor amenable to cure. There was an application, brought by the NHS Foundation Trust and the Care Commissioning Group, seeking injunctive relief surrounding the care plan of G. G has been a patient at the Trust’s Hospital since May 2008.
In December 2021, Hayden J delivered a judgment setting out why it was in G’s best interests to be transferred to a specialist care home as a ‘step down’ measure to moving to her parent’s care. The move has been openly opposed by the family. Unfortunately, the relationship between the family and hospital has “now corroded to the point where it has become entirely dysfunctional. It has foundered to such a degree that it, in and of itself, compromises G’s welfare”.