The European Court of Human Rights (ECtHR) has ruled that the UK has breached the right to respect for private and family life by failing to adequately provide support services for a disabled person.
The case, McDonald v. UK, concerned a former prima ballerina with the Scottish Ballet. Following a stroke, Miss McDonald needed a night-time carer to help her use the toilet. This service was provided by the local council. This care package was withdrawn and she was told to use incontinence pads at night time.
The applicant argued that her right to respect for her private life was violated by the withdrawal of the night-time carer. The UK Supreme Court had rejected the applicant’s argument that the withdrawal of the carer infringed her fundamental rights in that the decision was practical and appropriate in the circumstances.
The ECtHR took into account the fact that the applicant’s night carer was withdrawn before any reassessment of the circumstances took place. On this basis, it held that for the period before the reassessment the local authority was not meeting its duties and had breached her human rights. However, the ECtHR said that following the reassessment, the applicant’s human rights were taken into account.
An important aspect of the case is that the Court took into account the applicant’s “strongly held ideas of self and personal identity”. The Act for UK Rights Blog says this is guidance for UK courts and local councils in future disability cases.
Click here to read the case in full.
Click here to read a report of the case in Act For UK Rights Blog.