Former ballerina loses court battle for stroke carer

Justices at the highest court in the land yesterday dismissed an appeal by 67-year-old Elaine McDonald in a majority ruling.

Last October Ms McDonald, who was once a star of Scottish Ballet and received the OBE in 1983, lost her case at the Court of Appeal in London.

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

She had 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.

John Wadham, group director (legal) at the Equality and Human Rights Commission, said: “We are disappointed with today’s ruling which 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.

“The court has missed a significant opportunity to interpret the law to protect some of the most vulnerable people in society.”

Ms McDonald said she is not incontinent and has a horror of using incontinence pads, which she considered an “affront to her dignity”. Her plea was for help to use a commode at night.

She had challenged the borough’s decision to reduce the amount allocated to her weekly care.

Age UK believes Ms McDonald’s human rights have been breached and that there could be “extremely adverse and devastating consequences for many thousands of older people if other councils take similar decisions to save money”.

After the Supreme Court 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.

“This judgment opens the door to warehousing older people in their own homes without regard to their quality of life.

“Care should not be just about keeping people safe. It must enable them to live dignified and fulfilled lives.”

Alex Rook of Irwin Mitchell solicitors, who represented Age UK, said: “Whilst Age UK is acutely aware of the current difficult economic climate, the right balance must be struck between the rights of the individual and the interests of the community.”