Human rights legislation guarantees the right to respect for private and family life and this legislation is now being deployed against NHS trusts and local authorities by persons in need of care who are dissatisfied with the proposals put forward by the authority to meet those needs.

In a recent case a severely disabled person, whose family wished to care for her at home, sought a judicial review of the care package proposed by the South Western Staffordshire Primary Care Trust (the PCT), which 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 PCT refused to fund a long-term care at home package.

The High Court considered that the PCT’s refusal to fund the care at home treatment package, which was supported by various arguments (of varying quality and relevance) other than the cost argument, was unlawful. The reason for this was that the PCT had failed to consider the woman’s right to respect for her private life. Merely taking a decision conscientiously on a professional basis was not enough.

We can advise you regarding disputes with your council or health authority over care arrangements and similar matters. Contact us for advice.