A claim has been issued on behalf of a widow who was forcibly separated from her husband by the local council prior to his death.  The claim on behalf of Mrs X sets out a breach of both her and her husband’s right to respect for family life and a claim for unlawful imprisonment on behalf of the deceased husband.

Mr X was taken to a nursing home against his will by the council; the nursing home was a considerable distance from his marital home so his wife could not visit him easily, and he remained there until his death. We consider that the council acted unlawfully and violated the couples’ human rights.

Right to family life

The Human Rights Act provides that public authorities must respect an individual’s right to family life.  Mr & Mrs X had lived together since the day they were married on 10 June 1944, some 62 years, until they were forcibly separated by the local council in July 2006. 

The Human Rights Act provides that the right to respect for family life may be interfered with but only in accordance with the law, and where it is necessary and proportionate to do so.  Our client alleges that the council on this occasion did not consult Mr & Mrs X prior to moving Mr X to a nursing home, the move was against his will, and they did not consider any other options.  By placing Mr X in a nursing home that was a considerable distance from their marital home, Mrs X who is unable to drive herself, was only able to visit her husband on a weekly basis or, occasionally, a couple of times a week.

We believe that this was an unnecessary interference with their right to respect for their family life and it was disproportionate. We believe that the couple and their family should have been fully consulted prior to moving Mr X to a nursing home and that all options in relation to provision of care at home and options in local Nursing Homes should have been considered prior to a forcible separation.

Unlawful Imprisonment

The Human Rights Act and the common law also protect an individual’s right to freedom.  Although we usually think of this in cases of police detention or in relation to prisoners, this right applies wherever there is a deprivation of liberty; that is a limit on an individual’s freedom. We believe that Mr X, who was given no choice about his removal to a nursing home and was unable to leave the home due to his physical condition, was an unlawful deprivation of his liberty. 

We are seeking a declaration from the Court that the couple suffered a breach of their human rights and compensation.

For more information, or if you have had a similar experience, please contact Frances Swaine or Merry Varney on 020 7650 1200.