Disabled former ballerina loses care appeal

6th July 2011 - A former prima ballerina from London who was left disabled by a stroke has lost her Supreme Court case to get a carer to help her to the bathroom at night.

Elaine McDonald, 67, took her case against the Royal Borough of Kensington and Chelsea to the highest court in the land after she lost a legal challenge at the Court of Appeal in London last October.

McDonald, who uses a wheelchair after a stroke in 1999, was told by her council that she must wear incontinence pads at night in order to save £22,000 paying for a carer.

'Not incontinent'

McDonald, a former principal ballerina with Scottish Ballet, said she was not incontinent, but had been left with a small and neurogenic bladder which meant she had to urinate on average three times a night. She had two serious falls while attempting to get on a commode on her own: one resulting in a broken hip and a prolonged hospital stay where she contracted both CDiff and MRSA.

McDonald, who was awarded the OBE in 1983 for services to the arts, has said she felt like she was "fighting for my dignity and the dignity of all older people". She was given legal backing by Age UK who maintained her human rights had been breached.

After the judgement, the charity warned that the decision could have severe repercussions for many other elderly people in similar situations.

'No breach of human rights'

The Supreme Court dismissed the appeal by a majority of four to one. They ruled that Royal Borough of Kensington and Chelsea had complied with Fair Access to Care Services guidance. The court also rejected claims that McDonald's human rights had been breached, saying that the council had treated her with "dignity and autonomy" by allowing her to choose details of her care package.

The court agreed with the council which had maintained that wearing incontinence pads would allow McDonald more privacy and reduce the risk of further falls. It also maintained that the Royal Borough had a duty to look after its finances and protect the interests of other service users.

'Shameful'

Earlier this year, McDonald told the Daily Mail: "They call it more dignified, but what is dignified about people I don’t know having to clear up? Imagine lying for 12 hours in your own filth and having to endure the smell and discomfort - I can’t imagine how horrific that would be."

Michelle Mitchell, Charity Director at Age UK, called the judgement "shameful". She said in a statement: "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."