WW2 veteran loses court battle to be allowed to die at home

A blind 97-year-old Second World War veteran who wants to leave a care facility and end his life at home has lost the opening skirmish of a High Court battle.
The case of the man, who has not been named, was heard at the High Court in LondonThe case of the man, who has not been named, was heard at the High Court in London
The case of the man, who has not been named, was heard at the High Court in London

The widower, a former Royal Navy gunner who served in the Italian and North African theatres during the 1940s, says he is strong enough to look after himself at home and will get help from a relative.

He has told a High Court judge that he is a war veteran who deserves “some respect at my age”.

Hide Ad
Hide Ad

Council social services bosses think that he should be allowed to return to the home he began living in nearly 50 years ago.

They have concerns about his safety but say he is mentally capable of making his own decisions and feel that, on balance, a return home would be in his best interests.

But Mr Justice Hayden has ruled against the idea, for now.

The judge, who heard that the pensioner had a number of health problems, has raised concerns about the state of his home and about the day-to-day care he would receive at home.

But the judge, who has examined evidence at a hearing in the Family Division of the High Court in London, says he will review the case in the near future and wants social services bosses to examine more care options.

The pensioner was not at the hearing but spoke to the judge via a telephone link.

Mr Justice Hayden said it had been a “privilege” and “pleasure” to speak to him.

“I am a veteran and I am due the respect of a veteran who wants to end his life in his home,” the pensioner told Mr Justice Hayden.

“I did six years in the navy during the war.

“I think I deserve some respect at my age.”

He added: “I still have my senses. I know what I am doing. I am strong enough to look after myself.”

Hide Ad
Hide Ad

A barrister representing council social services bosses told the judge how the pensioner had been moved to a care facility a few months ago after being found at home in a parlous state.

Katie Scott said he been found partially naked, had no mattress on his bed, and did not appear to have eaten for some days.

She said there were also concerns about the hot water supply.

Mr Justice Hayden said he had no doubt that the pensioner was mentally capable of making decisions for himself.

“His intelligence is not only intact but effervescent,” said the judge.

“It has been a privilege and a genuine pleasure to listen to him.”

The judge added: “He is a veteran of the Second World War. He served for nearly eight years in the navy with some distinction. He has lived in his home for 48 years. That was the family home. It was where he lived with his wife.”

But Mr Justice Hayden said the pensioner had been found in a troubling condition at home earlier this year.

Hide Ad
Hide Ad

Evidence showed that he had been sleeping on a bed without a mattress, had not been eating and lacked hot water.

The judge said he could not agree to a 97-year-old person living in that “state”.

He said he wanted more evidence and wanted social services bosses to give the man’s case more thought.

Mr Justice Hayden said the pensioner should remain in a care facility for now.

“I know he is very eager to go home,” said the judge.

“And I don’t discount the possibility that that may ultimately be my decision.

“But I know at the moment, and in the present circumstances, it would be entirely wrong.”

- The judge has ruled that the pensioner cannot be identified in media reports. He also said the council involved could not be named because that information might create a jigsaw which would reveal the pensioner’s identity. No date has yet been fixed for the next hearing.