The High Court recently handed down judgment remotely in this case in which Simon Sinnatt, instructed by Sophie Barbour, Hempsons, on behalf of University College London Hospitals NHS Foundation Trust, obtained an injunction requiring the defendant to leave the hospital, freeing up resources for Covid 19 patients.
The defendant suffered from complex medical conditions but was assessed as having no clinical need to remain in hospital. An adapted flat and 24/7 care package had been provided by the local authority but the Defendant refused to leave the hospital and threatened self-harm if forced to do so. The bed was urgently needed as part of the hospital’s fight against COVID-19.
It was not possible to proceed by way of substantive possession proceedings because of Practice Direction 51Z, which introduced a 90 day stay, although this stay did not apply to injunctive proceedings
The Judge considered Article 3, Article 8 and Equality Act issues raised, but ultimately decided that there were clear grounds for ordering an injunction.
With care conditions in place, the defendant was ordered to be transferred to the flat in order to free the bed for other patients.