Wigan man's fresh battle to visit brain-damaged wife in care home more frequently

A retired Wigan academic whose wife has brain damage and is at the centre of litigation is in negotiations with care home bosses over face-to-face visits.

Tuesday, 9th March 2021, 7:59 am
Michelle and John Davies

John Davies last year took legal action on his wife Michelle’s behalf in a bid to ensure she received visits tailored to her needs during the coronavirus crisis.

Dr Davies says his 58-year-old spouse should not be subject to a blanket visiting policy.

A judge overseeing the litigation was told at a hearing on Monday that negotiations were taking place.

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Mrs Davies suffered a debilitating stroke in 2018

Care home bosses say they can now offer one visit a week without breaching regulations.

Dr Davies, who is in his early 60s, thinks more visits are in his wife’s best interests.

Mr Justice Hayden, who is based in London, said he would reconsider the case if agreement could not be reached.

The judge is overseeing hearings in the Court of Protection, where issues relating to people who lack the mental capacity to make decisions for themselves are considered.

He has heard how Ms Davies, a former council clerk, had a stroke in late 2018 and suffered brain damage.

Dr Davies had wanted the judge to rule that Ms Davies should have daily face-to-face contact with him and their son Kane, who is in his 30s.

He had told the judge late last year of his heartbreak at not being allowed to have “any meaningful contact” with his wife for eight months.

Dr Davies said he was aware of the danger that coronavirus posed but wanted a “common sense approach”.

He said he thought that being denied the “involvement of family and friends” had “hindered” Ms Davies’s progress significantly.

Mr Justice Hayden was told on Monday that Mr Davies last had a face-to-face visit with Ms Davies a few days before Christmas and was due to see her again this week.

Hundreds of thousands of care home residents in England are now able to receive indoor visits from a nominated friend or relative following a change in Government guidance.

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