Neutral Citation Number: [2024] EWHC 2515 (KB)
Case No: KB-2024-BHM-000208
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY
Birmingham Civil Justice Centre
Bull Street,
Birmingham
B4 6DS
Date: 7 th
October 2024
Before:
HIS HONOUR JUDGE TINDAL
(Sitting as a Judge of the High Court)
NORTHAMPTON GENERAL HOSPITAL NHS TRUST
Claimant
- and -
JESSICA MERCER
Defendant
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MR SIMON SINNATT instructed by Capsticks Solicitors for the Claimant
THE DEFENDANT appeared in person but represented by her mother
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JUDGMENT
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Hearing Date: 4th October 2024
HIS HONOUR JUDGE TINDAL
High Court Judgment: Northampton Hospital v Mercer
04//10/24
JUDGE TINDAL:
Background
1. Bed-blocking in NHS Hospitals is a huge problem. According to the Nuffield Trust -
Delayed discharges from hospital | Nuffield Trust - on the latest available figures for
what the NHS calls ‘delayed discharge’, in May 2024 over 12,000 people were in
hospital in England who no longer needed to be there, slightly down from a peak over
14,000 in January 2024. This excludes patients who do need to be in hospital and so
also increases waiting lists. Delayed discharge often happens due to delays in putting in
place a package of care at home, in a short-term placement or a in a long-term care
home, especially with older people. As a result, many people stay in for weeks after
they are medically fit for discharge. This is an everyday challenge which NHS hospitals
manage as best they can.
2. Occasionally however, people who have been assessed as medically fit for discharge
stay in hospital for very long periods. The Claimant, Ms Mercer, is one of them. She
has been medically fit for discharge from Northampton Hospital (the ‘Hospital’), the
Claimant, since April 2023, but is still there almost 18 months later. She refuses to
leave hospital so the Claimant seeks a possession order. Neither the Hospital nor Ms
Mercer, who represents herself with the help of her mother Mrs Mercer, have asked for
her to be anonymous and the criteria for an anonymity order under Civil Procedure
Rule (‘CPR’) 39.2 are not met. A BBC journalist has attended a remote hearing (and I
made a ‘transmission direction’) and a physical hearing the week before. Nevertheless,
I will not go into more detail about Ms Mercer’s health or the facts than necessary for
my decision.
3. Ms Mercer is aged 34 and has several disabilities. She is wheelchair-dependent and
requires support with her personal care and medication, but also has diagnoses of
Autistic Spectrum Disorder and Emotionally Unstable Personality Disorder. She has
lived in residential accommodation for most of her adult life. Before she was admitted
to Northampton Hospital (‘the Hospital’) on 14 th April 2023 for cellulitis of her right
leg, she had lived at a home called St Matthews for nine years. She was transferred to
the Claimant Hospital’s Willow Ward for treatment to her leg and on 25th April 2023
she was declared medically fit for discharge. The original plan was for her to return to
St Matthews, but that fell through because of a dispute between it and Ms and Mrs
Mercer. Despite placement searches by the Adult Social Care team at North
Northamptonshire Council (‘NNC’), she has been in the Hospital ever since, mostly on
Willow Ward. However, a placement has been now found which the Hospital and
NNC believe will meet Ms Mercer’s needs: 24-care in a Supported Living placement.
4. This would be an entirely new lifestyle for Ms Mercer and she is extremely anxious.
She and her mother feel she may hurt herself or others there. Therefore, she refuses to
move and wants a placement in residential accommodation, either St Matthews or a
similar care home closer to her mother. But she has been assessed as not needing that.
So, after a year of accommodating Ms Mercer whilst NNC tried to find a suitable
placement to accept them, the Hospital have decided that enough is enough and on 14th
August 2024, sought this possession order.
5. At a hearing on 26th September 2024, the Hospital attended, but Ms Mercer did not.
That was the main reason I adjourned the hearing until 4 th October to enable Ms Mercer
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