(Queen’s Bench Division, Langstaff J, 16 December 2011)
The couple had been married for over 60 years when the 80-year-old man was accommodated by the local authority due to his dementia. His continued detention under Sch A1 to the MCA 2005 was contrary to the wishes of the wife and was to be funded by the husband’s limited income as well as the couple’s joint savings.
The wife sought to bring judicial review proceedings in respect of the local authority’s charges of the husband’s accommodation.
The court dismissed the wife’s application. The MCA 2005 did not place any express of implied obligation on a local authority to accommodate or to fund that accommodation.