Enforcing an order for possession

The patient continued to refuse to sign a tenancy agreement for alternative accommodation that wholly met his needs, and there was a risk that the local authority would not allow the patient into occupation.  Ultimately, a robust approach by the Trust, and by the ambulance service which was prepared to discharge the patient to the pavement if required, as well as a flexible approach by the local authority allowed the eviction to proceed successfully.

How we can help you

There are many aspects to manage, and we have experience of advising on all of them:

  • What constitutes “reasonable force”? Does a bailiff need to be present?  Who is best placed to enforce a possession order in view of the patient’s specific situation?  Our client’s patient was tetraplegic, had to be dressed for January weather upon eviction and briefly restrained in his wheelchair for his transfer to patient transport. 
  • Risk assessment, adherence to policies, recording of all decisions relating to discharge from care up to actual eviction, together with demonstrating the reasonableness of the decision to evict, the reasons for it, and addressing potential reputation management issues.
  • Working with police, local authority, social services, court bailiffs to ensure that physical removal was not followed by readmission to hospital as a place of safety.

It is no easy matter to evict patients who are reluctant to leave hospital when there is no clinical need for them to remain there.We are on hand to ensure that this difficult process is completed lawfully, to the patient’s ultimate benefit, and with the risk of reputational damage effectively minimised.

For further details, please contact David FirthAbi Condry or Rachel Whale.