JR127's Application and in the matter of a decision by A Health and Social Care Trust
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2021] NIQB 23 |
| Date | 26 February 2021 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2021] NIQB 23
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL11419
ICOS No: 2020/48984/01
Delivered: 26/02/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR127
(PERSONS UNDER A DISABILITY) ACTING BY THEIR MOTHER
AND NEXT FRIEND FOR JUDICIAL REVIEW
___________
IN THE MATTER OF DECISIONS BY A HEALTH AND SOCIAL CARE TRUST
___________
Monye Anyadike-Danes QC with Sinead Kyle (instructed by Nicholas Quinn Solicitors)
for the Applicant
Phillip Henry (instructed by the Directorate of Legal Services) for the Respondent
___________
COLTON J
Introduction
[1] I am grateful to counsel in this case for their able oral and written submissions
and to their instructing solicitors for the preparation of the trial bundles.
[2] The applicants are two severely disabled adults, acting by w ay of their
mother JR127. The oldest adult is 27 years old. He has diagnoses of global
development delay and epilepsy. He has no speech and is sight and hearing
impaired. He has mobility issues. He requires assistance with all aspects of daily
living for personal care, including dressing, showering, toileting, eating and
swallowing. His younger brother is 24 years old. He has a diagnosis of Autism
Spectrum Disorder. His autism means he has sensory needs and requires a
structured day with regular routines. He is visually impaired which impacts on his
mobility and he requires reasonable adjustments for his safety. His communication
is limited to gestures and simple words. He has difficulty swallowing and eating.
He too requires assistance with all aspects of daily living for his personal care,
including dressing, showering and toileting.
2
[3] Because the applicants are profoundly disabled persons lacking in capacity I
have anonymised these proceedings. I order that nothing should be published from
this judgment which could identify the applicants. I shall refer to them and as J and
L throughout the judgment. I shall refer to their mother as “the applicant.” I have
also anonymised some of the facilities which were provided by the respondent in the
judgment.
[4] J and L live at home with their parents. The applicant, their mother, is their
main carer. Their father works full-time as an engineer and is regularly “on call.”
The applicant works as a secretary. She is heavily involved in the voluntary sector,
particularly in representing people with disabilities and carries out charitable work.
In that capacity she sits on a number of bodies in her local area.
[5] It is apparent from all the material before the court that she has been and
continues to be a devoted carer for her two adult children and is an able advocate for
persons with disabilities.
[6] Unsurprisingly, given the extent of their disabilities both J and L have been
the subject of assessment of their needs by the Trust. J was first assessed in June
2012 and L in December 2013. Their needs have been reassessed in the intervening
period. In both cases J and L’s needs were assessed on 23 April 2018. The needs
identified were reviewed and confirmed on 17 July 2019.
[7] Arising from that review J and L’s assessed needs are:
(i) Day care: Monday-Friday for 7 hours, 9am-4pm, at the ML, including
transport.
(ii) Domiciliary care (“Flexi-Sit”: every Friday (excluding the first Friday of the
month) for 3-4 hours per session.
(iii) Overnight respite care to support their mother in her caring role – as per
assessed need – annual or as and when required. In practice this was being
provided on 38 days per year at NL with transport.
[8] As a result of the Covid-19 coronavirus public health crisis which emerged in
Northern Ireland in March 2020, on 23 March the respondent ceased providing day
care. On 27 March domiciliary care ceased. Since then this care has been provided
on a fluctuating and increasing basis. At the date of hearing day care has been
resumed for J and L at the ML, on 4 days per week including transport as opposed to
5 days per week. Domiciliary care has been restored to the pre-Covid assessed level.
Transport has also been resumed.
[9] Respite care ceased when the NL facility closed on 27 March 2020 but
emergency respite has been provided in the interim. A 5 night stay was provided
from 29 July 2020 to 3 August 2020. A further 5 night stay was provided between
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2 cases
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JR138's (Acting by her mother and next friend) Application and in the matter of decisions of the South Eastern Health and Social Care Trust
...[52] This territory has been returned to in some more recent decisions of the High Court in Northern Ireland. In Re JR127’s Application [2021] NIQB 23 Colton J considered the closure of a trust-operated overnight respite facility and other reductions in care (including domiciliary care) whi......
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JR 139's (A minor) Application
...of the argument advanced by the Trust. There is no doubt that a Trust can carry out a reassessment of needs and arrangements. In JR127 [2021] NIQB 23 Colton J was considering a case where social care had ceased to be provided to two severely disabled adults as a result of the Covid-19 pande......