Kalpana has mental capacity issues and is in hospital. Whilst the hospital are able to meet her mental capacity needs, the nursing staff are unable to meet her physical health needs and are trying to arrange for Kalpana to be moved to another hospital. Kalpana is overweight and the nurses do not have the equipment to move her to wash her properly. Kalpana is incontinent and is developing pressure sores.

Kalpana is being supported by an Independent Mental Capacity Advocate who agrees with the hospital staff that Kalpana’s physical health needs are outweighing her mental health needs. The hospital staff are in discussions with NHS England to try and find a new placement for Kalpana, but the decision is taking a long time and concern for her health is increasing.

At the next meeting with the funding team, Kalpana’s advocate raises this as a human rights issue. The advocate raises her concerns about Kalpana’s physical health, using the right to be free from inhuman and degrading treatment (protected by Article 3 in the Human Rights Act).

The funding team at NHS England agreed that Kalpana should be moved, to prevent the situation becoming degrading. Once human rights concerns were raised, the Commissioner took action. Kalpana was moved to a more suitable placement which better met her physical health needs.

Example from BIHR's project Care and Support: A Human Rights Approach to Advocacy