A former ballerina from west London left disabled by a stroke has lost her Supreme Court case to get an overnight carer to help her use a commode.

Elaine McDonald, 67, had challenged Royal Borough of Kensington and Chelsea after she lost her case at the Court of Appeal in London last October.

Since the stroke in 1999 Ms McDonald needs to use a wheelchair outside.

Michelle Mitchell, charity director at Age UK, which took the case to court, said the ruling was "shameful".

Ms McDonald's appeal was dismissed by judges in a majority ruling.

'Affront to dignity'

The Equality and Human Rights Commission said following the court's decision councils will now "find it easier to justify withdrawing care".

The pensioner was once a star of Scottish Ballet and received an OBE in 1983.

She claimed the care package she received should include assistance at night to use a commode.

Ms McDonald told a previous hearing that she was not incontinent but had to use incontinence pads overnight, which was an "affront to her dignity".

Ms Mitchell said: "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."

'Protect vulnerable'

John Wadham, group director at the Equality and Human Rights Commission, said the ruling was a "significant setback for people who receive care in their home".

"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," he said.

Alex Rook of Irwin Mitchell solicitors, who represented Age UK in court, said: "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."

Reaction:

Council 'reassessed' needs

Councillor Fiona Buxton, from Kensington and Chelsea Council, said the ruling showed it had acted fairly and appropriately.

She said: "It shows that we have to balance the needs of very many people we have to look after, when considering the needs of one person."

The council will save about £22,000 a year with the new care package.

Ruling, Justice of the Supreme Court Lord Brown said: "The majority of the court concluded that the appellant's needs had indeed been reassessed by the later care plan reviews."

Ms McDonald's claim that her right to dignity had been breached was also dismissed by the judges.

Supreme Court judge Lady Hale, who said she would have allowed the appeal, said she was "troubled" by the ruling.

She said: "A person in her situation needs this help during the day as well as during the night and irrespective of whether she needs to urinate or to defecate.

"Logically, the decision of the majority in this case would entitle a local authority to withdraw this help even though the client needed to defecate during the night and thus might be left lying in her faeces until the carers came in the morning."

"Indeed, the majority view would also entitle an authority to withdraw this help during the day."

Source: BBC

For more reaction to this story see the links below:

Carer battle over as ex-ballerina loses supreme court fight: The Guardian

Judge fears for elderly after former ballerina denied night care: The Guardian 

Quarter of a million vulnerable people 'could see quality of life suffer' : Telegraph

Ballerina ruling threatens care of the elderly : Independent