Kent & Sussex Courier, 7th October

Vera, 89, takes fight over care to High Court

AN 89-YEAR-OLD woman has warned Kent County Council that moving her out of her care home could kill her. Hawkhurst care home Bowles Lodge is due to be closed next month, but Vera Waylor does not want to move.

Her response has been to lodge a claim in the High Court against the council, which could set a precedent for local authorities everywhere.

The writ states that Mrs Waylor is registered blind, is deaf in both ears and suffers from depression, osteoporosis and heart problems.

In July she had a stroke and is recovering from pneumonia and ventricular tachycardia.

The writ claims that the risks posed to her health by the proposed involuntary move to another home are clinically unjustifiable and would probably lead to her death within a year.

A report by a top psychiatrist suggests that if she stayed at Bowles Lodge she could live considerably longer.

Barristers are claiming the council acted in a negligent manner by not assessing the risks to Mrs Waylor's life before moving her to another home.

They said the case could set a legal precedent that will force local authorities to think again about assessing the medical risks of premature death to people before deciding whether to close a home or not.

Mrs Waylor's solicitor Yvonne Hossack is currently seeking a moratorium and public inquiry into care home closures. She has successfully prevented the closure of a number of homes across the country. She said: "For too long those charged with protecting elderly people like Vera have argued that it does no harm to move them. We believe this has resulted in many premature deaths. It is my prayer that Vera's brave claim will not only protect her life but those of all the other Vera's who face being evicted from their homes."

John Porter, Mrs Waylor's son, said: "Kent County Council say they treat elderly people with respect and dignity. "Taking my frail mother's home away from her, against her will, is the absolute opposite. Mum is determined that this case is seen right to the highest court in the land, and beyond if necessary."

A council spokesman said: "We understand that legal proceedings have been issued. Given these circumstances, it would be inappropriate for the council to comment."

The date for the hearing at the High Court has yet to be fixed."