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A woman's fight to keep her 94-year-old mother out of a nursing home today ended in bitter defeat at London's High ...
A woman's fight to keep her 94-year-old mother out of a nursing home today ended in bitter defeat at London's High Court.

Wandsworth LBC's decision that the frail pensioner would be better off in a home than a sheltered flat of her own was attacked in court as procedurally flawed and 'irrational'.

Her lawyers argued the council's stance violated a promise she would have a 'home for life' at the flat where she has lived since 1996 unless she deteriorated to the point where she needed specialist nursing care.

But, dismissing the pensioner's challenge, Mr Justice Beatson today upheld the council's view that that point has now been reached.

The judge said the woman had fallen and fractured her thigh in May this year and had to go into hospital.

Although she was fit for discharge by early June, she had to stay in hospital until October because Wandsworth was 'not willing' for her to return to her sheltered flat.

The block of flats where she lives in south London is registered to provide residential care - but not nursing care - and the council insisted that it is the latter she really needs.

Mr Justice Beatson said the woman's 'devoted daughter' had backed her judicial review challenge, insisting she should be allowed to stay at the flat which she has come to know and love over the past eight years.

Her counsel, Miss Jenni Richards, mounted a 'wide ranging attack' on the council's ruling and the judge accepted that Wandsworth's initial decision, in August, was 'undoubtedly procedurally flawed'.

But that had been cured by a review of the pensioner's case in October and the judge said the council's reasons for its decision were in line with government policy dictating that care provision should 'as far as possible preserve or restore normal living'.


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