Reference :
Elaine McDonald Care Plan Cut Upheld in Supreme Court
03/08/2011
Can’t reach the toilet? Then use pads, says the Supreme Court!
Elaine McDonald, who was once a star of Scottish Ballet and received the OBE in 1983, was left with reduced mobility after a stroke in September 1999. For a number of years, Ms McDonald was provided with a care package from the London Borough of Kensington and Chelsea that included assistance at night to use a commode.
The Council then said that she should use incontinence pads or absorbent sheets at night even though she is not incontinent. Ms McDonald refused and took the council through the courts ending with an appeal to the Supreme Court the highest court in the land. Because she insisted on maintaining her dignity and identity, she was labeled 'difficult and unreasonable'.
This month, four male judges decided that the Council was right to withdraw Ms McDonalds night support and force her to use pads. But the only female judge in this court Lady Hale - disagreed. She questioned whether it was lawful for a local authority to provide incontinence pads to a person who is not incontinent. The Council tried to argue that this was accepted practice, but couldnt give any examples where it was acceptable to force a person to accept it. In fact, Department of Health Guidance says the opposite.
Lady Hale questioned why people with a mobility impairment should not be able to enjoy the same access to toilet facilities, privacy and dignity as those who have no such impairment, and that this kind of treatment would be unacceptable in a hospital or care home. So how come it is acceptable to treat a person in this way in her own home?
Lady Hale said:
'In the UK we do not oblige people who can control their bodily functions to behave as if they cannot do so, unless they themselves find this the more convenient course. We are, I still believe, a civilised society. I would have allowed the appeal.'
The outcome of this case is worrying because it could give Local Authorities the green light to force on disabled people unacceptable practices in order to cut care costs. Our fight continues!