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Human rights in social care: the McDonald case

This Law Centre briefing examines a recent decision of the European Court of Human Rights concerning an English local authority’s decision to remove the provision of a night time carer from the care package of a person with disabilities.

Who is it for?

The decision is of relevance to health and social care professionals involved in assessing the needs of people in Northern Ireland and in making decisions regarding the provision of social care services.

It is also of use to advisers, service users and carers who wish to understand the decision making process required to be undertaken by a trust when an individual’s human rights are involved.

Why is it important?

This landmark decision highlights the importance of a trust’s duty under Section 6 of the HRA and the need to identify and to give due consideration to human rights issues when making decisions concerning the provision of social care services in times of financial constraint. 

It emphasises the importance of ensuring that an individual’s social care needs are clearly defined and documented in an assessment of need which is kept under regular review. 

It also reminds trusts of the need for a clear legal basis for any actions (in accordance with law) the trust carries out which engage the right to private life.

Read it here:

Human rights and the provision of social care: the McDonald case

 

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