Blunders that kept a Colombian a prisoner of NHS for three years

a STRING of failures meant a patient from colombia was kept ‘a prisoner’ in a London hospital for three years.

The 55-year- old woman was a victim of ‘disorganised, muddled and unfocused’ decisions by bureaucrats that cost taxpayers more than £300,000, a court heard.

The woman, on a visit to Britain, suffered a cardiac arrest and was left with brain damage after collapsing at a bus stop in September 2014. But although she was desperate to go back to her home in South america, she was stranded in the Uk when a ‘malaise’ set in among town hall social service chiefs.

Her plight was only revealed when a High court judge analysed previous hearings in the court of Protection, which deals with issues relating to those without the mental capacity to take decisions for themselves.

Describing it as a ‘ shocking’ case, Mr Justice Newton said: ‘I can only begin to imagine [the woman’s] sense of frustration and loss at being kept here for years against her wishes, and for no good reason.

‘The arrangements could and should have been established and implemented long ago, years ago, but because of disorganised, muddled and unfocused decision-making – and what has verged on an arrogance – she has just had to wait.

‘It should be remembered that she had been kept here against her wishes, at a cost to the tax- payer of over £2,000 per week. If the authority had done what it should have done in a timely professional manner, not only could they have saved themselves over £100,000 a year, and saved the cost to the taxpayer of these protracted proceedings, they could have avoided this woman the years of misery from being kept a prisoner here, against her will.’

The woman, who cannot be identified for legal reasons, underwent emergency bypass surgery at St Thomas’ hospital in Lambeth, South London, and was later transferred to the Royal Hospital for Neurodisability in Putney.

Unable to communicate with her carers because she only understands Spanish, the judge said she was ‘miserable and isolated’. There was ‘no question’ that repatriation to colombia would have been in her best interests.

The legal case began in 2016 when a representative of the woman challenged her ‘deprivation of liberty’ as it was considered ‘at least likely’ she was ready for discharge.

But, the judge added, despite Lambeth council and Lambeth clinical commissioning group (cGG) supporting her wish and desire to return to colombia, ‘they had simply failed to progress it’.

‘Innumerable communications’ in one dispute over whether Lambeth or the NHS should pay for a wheelchair cost more than the equipment itself, the judge said.

The woman finally returned to South america on January 25, to be met by relatives ‘with smiles all over their faces.’

Last night Lambeth ccG and Lambeth council said it was ‘a complex case’ and the care she needed on the NHS was greater than her family would be able to afford in colombia, which does not have a publicly-funded health system.

‘Strenuous efforts’ were made to ensure she would get ‘suitable’ care in colombia.

‘Disorganised, muddled and unfocused’