Campaigners attack 'shameful' ruling which could reduce care for disabled

Campaigners today attacked a "shameful" landmark ruling that leaves a disabled former prima ballerina without any overnight care and means others could also be denied help.

Elaine McDonald, 67, pleaded with Kensington and Chelsea council to give her a carer overnight to help her use a commode.

She claimed that without help to use the bathroom overnight in her Earl's Court home she would lose her "dignity and independence".

But today justices at the Supreme Court, the highest court in the land, dismissed an appeal by Ms McDonald in a majority ruling.

It means councils can exercise more discretion over care given to individuals - leading to fears that help will be withdrawn to save money.

John Wadham, group director (legal) at the Equality and Human Rights Commission, said: "This is a significant setback for people who receive care in their home. Ms McDonald is not
incontinent. However, this judgment means she will be treated as such.

"Local authorities will now have greater discretion in deciding how to meet a person's home care needs and will find it easier to justify withdrawing care. This means that older people's human rights to privacy, autonomy and dignity will often be put at serious risk."

After the ruling, Michelle Mitchell, charity director at Age UK, said: "Today's decision is shameful. Older people have a fundamental right to dignity and forcing someone to sleep in their own urine and faeces could not be more undignified."

Ms McDonald was left with reduced mobility after a stroke in September 1999 and needs to use a wheelchair outside.

She argued that the care package she received from the Royal Borough of Kensington and Chelsea, to cover her assessed needs during the day and night, should include assistance at night to use a commode.

Ms McDonald said she is not incontinent and has a horror of using incontinence pads, which she considered an "affront to her dignity". She had challenged the borough's decision to reduce the amount of money allocated to her weekly care.