12 January 2010 2 Disabled people go to court over Direct Payments
I found an article on disabledgo.co.uk with regard to a lady from Islington, London.
Valerie Garnham, who has a neuromuscular condition became eligible for NHS continuing care and began receiving direct payments for her health needs from Islington PCT.
But two years ago, the PCT told her she would have to receive her healthcare through an agency, because of new government guidance.
Apparently, if a disabled person recieves direct payments, and their health worsens, consequentially requiring 'continuing care,' this is then funded by the PCT and the direct payments can be taken away. The person no longer has autonomy or choice as to how the support is organised. They must accept whatever care provision their PCT decides.
Mrs Garnham and another man- Steve Harrison from Yorkshire- will soon be challenging this decision in the Court of Appeal. Human Rights issues such as Article 8 and the respect to private and home life are expected to be highlighted.
It seems a disasterous consequence of a little bureaucracy. Dilluting the independence and identity of many people could be a very real issue to those who may find themselves in this situation in the future. It could increase expense and have more people waiting around at home for services that could have been prearranged at the individuals convenience rather than taking giant steps backwards in the realms of autonomy and empowerment.
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