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Supreme Court rejects former ballerina's appeal

Supreme Court rejects former ballerina’s appeal for basic right - care to go to the toilet.

A former prima-ballerina, who had her night time assistance enabling her to go to the toilet withdrawn by her local council, has lost her appeal to the Supreme Court. 67 year old Elaine McDonald needs help following a stroke twelve years ago.

The London Borough of Kensington and Chelsea withdrew her night time carer last November, offering her incontinence pads instead, although she is not incontinent.

Age UK, which intervened in the court case, warned that yesterday’s 4:1 decision could have potentially devastating consequences for thousands of older people if other councils took similar decisions.

Michelle Mitchell, Charity Director at Age UK commented, '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 judgement 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.'

In its submission to the Supreme Court, the council claimed it was common practice to give people in  situations similar to Ms McDonald’s incontinence pads. Age UK believes that is bad practice and will continue to campaign to promote the dignity and privacy of older people.

Alex Rook of Irwin Mitchell solicitors who represented Age UK commented, 'The submissions Age UK made to the Supreme Court in this case sought to ensure that local authorities follow the correct assessment procedures to establish an older person’s needs and  to then put in place a lawful package of care. 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, and Age UK continues to find it difficult  to understand  how it can be rational or reasonable to expect an older continent person to use incontinence  pads rather than to assist  them to access a toilet.'

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