Human Rights principles relevant to non-commissioned services

Isn’t it discriminatory and intrusive that disabled people have to have all our disability related expenses scrutinised. Other people don’t have to justify every single thing they do or buy?

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Article 14 freedom from discrimination in the context of one's human rights, Article 8 ECHR, Article 8 the right to respect for home, family, private life and correspondence, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Charging and financial assessment, Direct Payments and Personal Health Budgets, Disability Related Expenditure, Discrimination in relation to Article 8 Rights, DRE Q&As, Human Rights in health and Social Care, Human Rights principles relevant to non-commissioned services, Human Rights relevant to Care Planning, Q&As on Disability Related Expenditure /

The dignity and privacy argument has been tried but has failed because the law in this country is that all charging is discretionary and that unless you go through the means test you can be deemed to be able to pay the full cost. Therefore being means tested is the only way to obtain the […]

Isn’t it discriminatory and intrusive that disabled people have to have all our disability related expenses scrutinised. Other people don’t have to justify every single thing they do or buy? Read More »

R (on the application of Steven Harrison) v Secretary Of State For Health & (1) Wakefield District Primary Care Trust (2) Wakefield Metropolitan District Council:

Leave a Comment / Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Human Rights principles relevant to non-commissioned services, Judicial Review, Paying a Direct Payment net or gross of the client's charge for Care Act services, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Termination of a Direct Payment or PHB /

his application challenged the Secretary of State for Health’s decision, as set out in the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care 2007,  not to make available direct payments to service users to pay for health care services. Both claimants had previously been in receipt of direct payments, Islington PCT funding Mrs

R (on the application of Steven Harrison) v Secretary Of State For Health & (1) Wakefield District Primary Care Trust (2) Wakefield Metropolitan District Council: Read More »

Powys CC, ex p Hambidge (No 2) [2000] 54 BMLR 133 (CA)

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging and financial assessment, Direct Payments and Personal Health Budgets, Disability Related Expenditure, Human Rights principles relevant to non-commissioned services, The right to charge for social care /

Charging – disability – discrimination A charging policy imposing different charges on service users, which required those in receipt of income support and disability living allowance/attendance allowance to pay more than those in receipt of income support only was not in breach of s20(1) Disability Discrimination Act 1995, as the difference in charges depended on

Powys CC, ex p Hambidge (No 2) [2000] 54 BMLR 133 (CA) Read More »