Judge: 'inhumane' to split up couples and send one to care home

Sir James Munby, the head of the family court, has called the act of separating older couples by sending one to a care home ‘shocking’ and ‘inhumane’.

Speaking to an audience of local authority adult social care directors, Sir Munby said professionals should think carefully about recommending a person be separated from their loved ones and home.

The president of the High Court’s Family Division said: "Where one is debating whether somebody should be uprooted – I use that word deliberately – and put in some residential placement which we think is better, that almost always involves a severance with place and people and things.”

No smoking and ‘collective jollification’

"You are actually putting someone in a regime which may not allow them to smoke, or a regime where for their own good they may be required or heavily persuaded to indulge in the kind of collective jollification which they would have loathed at home."

Fine balance between safety and happiness?

Sir James told council officials gathered at the ADASS (Association of Directors of Adult Social Services) Spring Seminar on 9 May, they should prioritise the happiness of older couple’s who have been together for decades over complying with safety rules.

He said making people leave their home because it was unsafe was not right if it made them unhappy.

"It may mean putting them in some nice modern building which no doubt satisfies the building inspector but is simply not home to them."

‘Die broken-hearted’

Sir James added: "We do know that people die of a broken heart. I have read of cases where one person died and then the other dies a couple of days later. How long do people last if they are uprooted? A very short time."

One attendee going by the Twitter handle @SJPickup posted in response: “Sir James Mumby talking about the balance between safety & happiness. Really important to accept some risk if key to happiness.”

Responding to Sir James’ speech,, Margaret Willcox, President of ADASS, said in a statement: “Sir James Munby spoke movingly and articulated well some of the difficult issues social workers face.

“Social workers work hard and sensitively to safeguard the rights of older people and do whatever they can to keep couples together if that’s what they want.

“There are always complex issues to consider, such as how to make this work where relationships are abusive, or when one person in the couple has needs the other can't cope with.

"Social care frequently involves helping people during some of the most difficult times of their lives and the importance of social workers and social care needs to be more widely recognised.”

As well as listening to key speakers, attendees gathered for the ADASS Spring Seminar, held between 8-10 May in Yarnfield, Staffordshire, paid tribute to ADASS’ late President Harold Bodmer by taking a minute to stand up and applaud him.