University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020)

University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020)

The hospital is entitled to enforce MB's discharge by injunction because her clinical needs can be met at home with a 24-hour care package; her continued occupation is as a trespasser; there is no sustainable public law defence under the ECHR or Equality Act 2010 as the hospital's decision is rational, reasonable adjustments have been made, and the risk of harm is moderate to low and manageable; the balance of convenience strongly favours the hospital due to urgent need for beds during the COVID-19 emergency.

Citation
[2020] EWHC 882
Parties
Claimant: University College London Hospitals NHS Foundation Trust; Defendant: MB
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Injunction Application (hospital Possession/discharge) / Interim Relief (high Court, Queen's Bench Division)
Outcome
Interim injunction granted; order for discharge enforced
Legal Topics
Hospital Discharge, Possession Proceedings, Injunctions, Disability Discrimination, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Equality Act 2010, COVID 19 Emergency, Public Law Defences, Balance of Convenience
Health Law Human Rights Law Disability Law Civil Procedure Hospital Discharge Possession Proceedings Injunctions Disability Discrimination +7 more

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Parties

University College London Hospitals NHS Foundation Trust

Claimant

MB

Defendant

Procedural Posture

Injunction Application (hospital Possession/discharge) / Interim Relief (high Court, Queen's Bench Division)

Legal Issues

  1. 1 Whether the hospital can enforce discharge of a disabled patient during COVID-19 emergency via injunction
  2. 2 Whether discharge breaches Articles 3, 8, 14 ECHR or Equality Act 2010 duties
  3. 3 Whether public law defences preclude private law relief for possession/injunction

Ratio Decidendi

The hospital is entitled to enforce MB's discharge by injunction because her clinical needs can be met at home with a 24-hour care package; her continued occupation is as a trespasser; there is no sustainable public law defence under the ECHR or Equality Act 2010 as the hospital's decision is rational, reasonable adjustments have been made, and the risk of harm is moderate to low and manageable; the balance of convenience strongly favours the hospital due to urgent need for beds during the COVID-19 emergency.

Court Disposition

Interim injunction granted; order for discharge enforced

Orders

  • MB must leave the Ward by 12 noon on 10 April 2020 (or later if specified in writing by the Claimant), provided arrangements are made for her transfer and belongings.
  • MB must not obstruct or impede implementation of discharge arrangements.