Council wins right to re-house 101-year-old care home resident » Housing » 24dash.com

A council which has been spending £7,400 a week caring for the last remaining resident of one of its old people's homes while family members argued over her future was given a judge's permission today to move her to new accommodation.

Frail 101-year-old widow Sarah Rutter has been the sole responsibility of 19 staff at Parkview care home at Thornaby, near Stockton-on-Tees, since July 11.

All the other residents have been moved under plans by Stockton Borough Council to turn Parkview into housing units for the elderly.

But Mrs Rutter's granddaughter, Christine Wardell, acting as her "litigation friend", obtained a High Court injunction preventing her removal - and effectively blocking closure of the home - pending the hearing of a claim that she should be allowed to remain there for the rest of her life.

At a hearing in London today, Mr Justice Wilkie rejected the claim, but granted a further injunction until 4pm on Monday pending an application by Mrs Wardell's lawyers to the Court of Appeal for permission to challenge his ruling.

The judge dismissed complaints that the council had failed to gather sufficient information on, and have proper regard to, the possible risks to Mrs Rutter's health - and even her life - as a result of moving her.

The court heard that one of Mrs Rutter's daughters, Sylvia McBride, who had been attending her mother at the home for up to eight hours a day, was opposed to the court litigation and took the view that the move would be in the old lady's bests interests.

Mrs Rutter's counsel, Yvonne Hossack, backed by comments from the judge, praised the devotion and care of the 19 remaining staff at the home who, despite perhaps being "bored and demoralised", had chosen to stay on rather than "voting with their feet" to find jobs elsewhere.

Mrs Hossack accused councillors in committee of trying to remove Mrs Rutter forcefully from her home and failing to recognise it was a matter of life and death, "not just a question of putting swings and roundabouts in a local park".

She said: "The fact that a person is at the end of their life doesn't mean that the court should act with any less anxiety to preserve their life, even if they are no longer young and beautiful."

But lawyers for the council stressed that the decision to move Mrs Rutter was only taken after doctors reported that she would benefit from living alongside other residents in a new home.

Every effort would be made to ensure that, as a result of the move, her health would not be prejudiced by factors such as the onset of cold weather.

And the cost of her care as one of the residents at her new home, Rosedale, would be just £620 a week.

In his judgment, the judge said the cost of maintaining Mrs Rutter at her present facility was "very substantial, bearing in mind the financial stringency applying to local authorities".

But there was no evidence that Stockton Council had sought to "railroad through" its proposals without proper consideration of the possible risk to Mrs Rutter's well-being.