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Night fever

Local authorities likely celebrated the ruling of the Supreme Court in the Elaine McDonald case, but they shouldn’t open ?the champagne quite yet, says Helen Freely

10 September 2011

‘Ballerina ruling threatens care of the elderly’ ?(The Independent, 7 July 2011)

‘A loss of dignity: judges turn their backs on former ballerina’s fight for overnight care’ ?(Daily Mail, 7 July 2011)

‘Ex-ballerina Elaine McDonald care ruling ‘shameful’’ (BBC News, 6 July 2011)

 

These are just some of the headlines about the judgment in the case of R (on the application for Elaine McDonald) v Kensington and Chelsea [2011] UKSC 33.

The judgment related to an appeal to the Supreme Court concerning the question of whether or not the Royal Borough of Kensington and Chelsea acted unlawfully in seeking to amend Elaine McDonald’s care package by substituting her night-time carer with the provision of incontinence pads or ab...

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