Sheffield council to pay £30,000 in compensation for placing woman care against her will

The women, known as Ms S, was made to live in care for more than two years while her and her family raged against the decision.

Ms S lived in the care of her family having been diagnosed with a learning disability and a degenerative muscle condition that made it difficult for her to live independently.

However, she was wrongly removed from her family home in August 2013 against her wishes by the council due to safeguarding concerns.

She was then made to live in various care facilities in the area for more than two years, even after she made it clear that she wanted to return to her family, and despite her family strongly objecting to the ordeal.

The matter was later referred to the Court of Protection, and law firm Simpson Millar’s Public Law team brought a claim against Sheffield Council under the Human Rights act.

The action was made relating to deprivation of liberty and false imprisonment.

Other aspects include the council’s failure to consider the Ms S’s wishes and feelings to remain in her home and failure to refer the initial and subsequent moves to the Court of Protection.

Tragically, Ms S died before the case concluded.

But her family will now be paid £30,000 in compensation after pursuing the claim, after Sheffield City Council agreed to pay compensation for breach of the section 8 of Human Rights Act – deprivation of liberty.

The family’s lawyer, Mr Liam Goggin, said: “Every local authority has a duty of care to members of the community who are vulnerable to ensure that they are looked after, and that they have access to the support they need. However, they also have a responsibility to take their wishes into consideration in terms of where they live.

“In the case of Ms S, she was removed from her home without the appropriate legal authority, without her agreement, and without the permission of her family.

“Despite making it quite clear that she wanted to return to her home, and despite her family also raising concerns about her placement in a permanent care home residence, the Local Authority failed to refer the matter to the Court of Protection for more than two years.

“During this time she repeatedly expressed her wishes to return home, and became agitated and upset when she was refused.

“Her family were also understandably very upset. While they are pleased that the matter has now settled, and that they have secured justice on behalf of Ms S, they will sadly never get back the time that they lost with her as a result of the breach of duty of care.

He added: “It is their hope that lessons will now be learnt by the Local Authority, so that no other family should suffer as they have moving forward.”

Sheffield City Council has been contacted for a comment.