FYI
Colin
I am writing to a number of you in the hope that some will take note of what has happened, others may engage in the debate, or if some feel resourced to do so offer some assistance in whatever way they may think fit
A number of us in Scotland have already put our names to a letter which appeared in the Scotsman yesterday.
See: http://thescotsman.scotsman.com/letters/Letter-Court-puts-prisoners-before.6797791.jp
We were writing to express our deep unrest about the implications for disabled people, throughout the United Kingdom, of the UK Supreme Court decision in the case of Ms Elaine McDonald (the retired Scottish Ballet dancer) v Kensington & Chelsea Council.
The local authority had re-assessed Ms McDonald's care needs in a blatant attempt to save money. Her impairment was such that she required frequent visits to the toilet throughout the night. She did this through using a commode with the assistance of a personal care assistant paid for by the local authority.
In re-assessing her, the Council decided that, instead of being assisted to her commode, she could wear incontinence pads overnight. Though needing to go to the toilet, Ms McDonald was not incontinent; and she asserted that this amounted to cruel and inhumane treatment that robbed her of her dignity and thus breached her rights under article 8 of the European Convention on Human Rights.
It should be noted that their Lord Justices had previously decided that prisoners in Scotland had been robbed of their human rights by being required to do the toilet in front of other prisoners and then slop out the next morning. Yet they chose to set aside Ms McDonald's immense distress and emotional horror at being required to lie in her own faeces and urine for up to ten hours at a time and substituted their own view that being put in incontinence pads preserved her dignity and privacy, rather than being assisted to the toilet!
We cannot understand, why the UK Supreme Court upheld the original High Court decision that it was "open" to the Council to meet Ms McDonald's needs in a more economical manner through the provision of incontinence pads; yet no such economic justification was given to the 'slopping out' issue of the prisoners, which led to the Scottish Government having to pay out millions, not just in compensation, but to provide just such night-time toilet provision.
Surely there should be no difference between the value of human rights for either prisoners or disabled people. If that is truly the case then the cost implications should also be the same.
As Lady Hale pointed out in her dissenting opinion, a local authority could, on the authority of this decision, not only take away night-time support to assist elderly and disabled people in going to the toilet but could also withdraw day support for toilet needs. In fact, we are just hearing that some local authorities are beginning to do this.
Those "bean counters" in local authorities and within government must be rubbing their hands in glee, for they have now been given a clear green light to reduce services to inhumane levels with no thought given to the human rights of disabled people.
I feel organisations throughout the UK, both for and of disabled people, must do something to awaken society and its politicians to this travesty of justice; shaming these lordships into bringing the Supreme Court into such total disrepute.
How we do this, I'm open to suggestions; but possible suggestions could include an open letter within the Sunday press, signed by as many organisations as possible; a seminar on the issue, involving both legal pundits and disabled activists / disability studies researchers; campaigns / public debates; lobbying politicians; let's even try the impossible and get the BBC or ITV to become interested in issues around the human rights of disabled people, such as this.
At a time of austerity and constricting public services, this legal judgement could lead to a massive decrease in disabled people's quality of life and equality of life opportunities. Disabled people will experience a continual decline in the quality and quantity of support provided by the community to exercise their citizenship and family responsibilities; alongside the depraved denial of their dignity and citizenship
I urge you, if nothing more, engage within the debate; and if you have the resources, which I definitely do not, organise letters, meetings, debates and lobbies; encouraging others to rectify such legal folly.
James Elder-Woodward
RossheadCoach House
Heather Avenue
Alexandria
West Dunbartonshire
G830TJ
Tel: 01389 756127
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