Equality and Human Rights Commission (EHRC) blog: EHRC reaches settlement on ending unlawful detention of adults by NHS Greater Glasgow and Clyde

The Equality and Human Rights Commission has stopped legal proceedings against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, after NHSGGC ended their practice of placing patients in two care homes in Glasgow without legal authority.

The settlement follows extensive talks aimed at improving the process for discharging adults with incapacity from hospital so their dignity and human rights are respected. All of the existing patients in the two units have now been discharged and NHSGGC have committed to working with their partner local authorities to ensure that all patients and their families know what is happening and what their rights are.

Legal action started when the equality body discovered that patients who were medically fit to be discharged from hospital but who lacked capacity to make decisions about their personal welfare were being transferred into and held in two care homes in Glasgow without consent or lawful authority. These people were kept in homes for periods ranging between a few weeks and a year, pending the appointment of a welfare guardian. The EHRC argued this practice was unlawful, discriminatory and contrary to the United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights.

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