The claimant said that the wihdrawal of overnight support to her at home was unlawful.
Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement.
Rix, Wilson LJJ, Sir David Keene
[2010] EWCA Civ 1109, (2010) 13 CCL Rep 664, [2011] ACD 40
Bailii
European Convention on Human Rights 8, Disability Discrimination Act 1995
England and Wales
Citing:
Appeal From – McDonald, Regina (On the Application of) v London Borough Of Kensington and Chelsea Admn 5-Mar-2009
The claimant, a former ballerina, challenged the respondent’s decision limiting the care package provided to her in the form of overnight toileting assistance. She said that the change violated her Article 8 rights . .
Cited by:
Appeal from – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Lists of cited by and citing cases may be incomplete.
Local Government, Health, Human Rights
Updated: 21 December 2021; Ref: scu.425190