Mr Justice Hayden will hear a case in the High Court in London and decide whether the blind pensioner should be allowed to return home
A High Court judge has stopped a blind World War II hero from returning home for Christmas despite a heartbreaking appeal from the 97-year-old former navy gunner.
The man, who cannot be named for legal reasons told Mr Justice Hayden at the family division of the High Court: ''I am a veteran and I am due the respect of a veteran who wants to end his life in his home,' he said. 'I did six years in the navy during the war. I think I deserve some respect at my age.'
Mr Justice Hayden said it had been a privilege to speak to the pensioner, but said he could not make an immediate decision on the case.
The veteran said he no longer wanted to remain in the care home and said he was strong enough to look after himself and would receive help from a relative.
Mr Justice Hayden, who has overseen a hearing in the Family Division of the High Court in London, raised concerns about the state of the pensioner's home and about the day-to-day care he would receive at home.
A Court of Appeal judge refused to overturn that ruling.
Lord Justice Baker, who has overseen a hearing in the Court of Appeal in London, said Mr Justice Hayden's decision had been fair.
Mr Justice Hayden is now due to oversee a trial on January 16 with the pensioner being represented by two lawyers.
Barrister Parishil Patel QC and solicitor Laura Hobey-Hamsher, who works for law firm Bindmans, have agreed to work for free.
They say the veteran has the mental capacity to make his own decisions about where he lives and should be free to choose.
Lawyers representing council social services bosses who have welfare responsibility for the pensioner had asked a judge to make a decision.
Social services bosses agree with arguments put forward by the pensioner's lawyers.
Barrister Katie Scott, who is leading the council's legal team, has also argued the pensioner is capable of making his own decisions.
She has told judges that council staff have safety concerns and says a return home might not be wise.
Mr Justice Hayden, who has overseen a hearing in the Family Division of the High Court in London, raised concerns about the state of the pensioner's home and about the day-to-day care the veteran would receive at home
But she says the pensioner has the right to make 'unwise' decisions. She says the pensioner can, and will, call for help when at home if he needs it.
The pensioner gave evidence over the telephone at a High Court hearing overseen by Mr Justice Hayden in early December.
The veteran served in Italy and in North Africa.
He told Mr Justice Hayden he was unhappy at the care facility and wanted to end his life at home.
'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.'
- Judges have ruled the pensioner cannot be identified in media reports. They also say the council involved could not be named because that information might create a jigsaw which would reveal the pensioner's identity.
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News Pictures Judge refuses blind WWII veteran permission to return home for Christmas
You don’t have to pack away your bikini just because you’re the wrong side of 20. These body-beautiful stars reveal their secrets to staying in shape and prove you can smoulder in a two-piece, whatever your age. Read on and be bikini inspired!
TEENS
Hayden Panettiere
Size: 8
Age: 18
Height: 5ft 1in
Weight: 8st
To achieve her kick-ass figure, Hayden – who plays cheerleader Claire Bennet in Heroes – follows the ‘quartering’ rule. She eats only a quarter of the food on her plate, then waits 20 minutes before deciding whether she needs to eat again.
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kim cattrall
Size: 10-12
Age: 52
Height: 5ft 8in
Weight: 9st 4lb
SATC star Kim swears by gym sessions with Russian kettle bells (traditional cast-iron weights) and the South Beach Diet to give her the body she wants. To avoid overeating, Kim has a radical diet trick – squirting lemon juice on her leftovers – so she won’t carry on picking.
Kim says: “I am no super-thin Hollywood actress. I am built for men who like women to look like women.”
https://i.dailymail.co.uk/1s/2018/12/24/20/7798522-6527693-image-a-21_1545682875885.jpg
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