Care Assessments - Human Rights Law Applies

A recent case confirms that human rights law needs to be considered by
NHS trusts and local authorities in preparing their care package proposals for persons who are disabled or elderly. The case involved a severely disabled person, whose family wished to care for her at home. However, the Staffordshire Primary Care Trust proposed to care for her by placing her in a residential home. The woman needed constant care, having had a severe stroke, and she also suffered from diabetes. There was a significant risk that she could die if not monitored constantly. After her discharge from hospital, she was cared for at home on an interim basis using agency nurses. Her parents wished this to continue, but the Trust refused to fund a long-term care at home package.

When the Trust advised the family of their decision they sought a judicial review of the care package proposed by the Trust.

The High Court considered that the Trust’s refusal to fund the care at home treatment package was unlawful, because it had failed to consider the woman’s right to respect for her private life, which is guaranteed by the European Convention on Human Rights.