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
Frances Patterson QC J
 EWHC 1582 (Admin), (2009) 12 CCL Rep 421
Disability Discrimination Act 1995, European Convention on Human Rights 8
England and Wales
At first instance – 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 . .
Appeal From – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 13-Oct-2010
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. . .
Lists of cited by and citing cases may be incomplete.
Local Government, Health, Human Rights
Updated: 02 November 2021; Ref: scu.377553