On this basis, the CQC launched enforcement
action against Admiral Court Care Home,
banning the home from taking more residents
and helped the residents obtain alternative
accommodation.
CQC case study extracted from British Institute of
Human Rights blog.99
Raising human rights directly with public
authorities leading to changes ‘behind
the scenes’
• An NHS nursing home in London had a
practice of routinely placing residents in
special ‘tilt-back’ wheelchairs, regardless
of their mobility needs. As a consequence,
residents who were able to walk unaided
were stopped from doing so. This had
a severe impact on their ability to make
choices about everyday activities, as well
as their capacity to feed themselves and
use the bathroom. A consultant pointed
out to staff that their failure to consider
the different mobility needs of individual
residents was contrary to human rights
principles. She drew particular attention to
the right to respect for private life (Article
8), which emphasises the importance of
dignity and autonomy, and the right not to
be treated in a degrading manner (Article
3). The blanket practice was stopped as
a result. Residents who could walk were
taken out of the chairs and encouraged to
maintain their walking skills.
• A disabled woman was told by her
occupational therapy department that
she needed a special (‘profile’) bed. She
was unable to leave her bed and this new
arrangement would allow carers to give
her bed baths. She requested a double bed
so that she could continue to sleep next
to her husband. The authority refused her
request, even though she offered to pay
the difference in cost between a single
and double bed. A stalemate ensued for
18 months until the woman was advised
by the Disability Law Centre to invoke
84
her right to respect for private and family
life. Within three hours of putting this
argument to the authority, it found enough
money to buy the whole of her double
profile bed. The woman later explained
that ‘[this] has made a phenomenal
difference to my life. If something similar
happened in future, I would have no
hesitation in using the [Human Rights Act]
again.’
• A couple in the UK were living in an
assessment centre so the Department
of Social Services could examine their
parenting skills. The couple both had
learning disabilities. CCTV cameras had
been installed, including in their bedroom.
Social workers explained that the cameras
were there to observe them performing
their parental duties and for the protection
of their baby. With the help of an
advocate, the couple used the UK’s Human
Rights Act to challenge the use of the
cameras. They said that the Department
had not given proper consideration to
their right to family and private life. The
couple explained that they did not want
their intimacy to be monitored. Besides,
the baby slept in a separate nursery so it
was not necessary to monitor the couple
in their bedroom at night. As a result,
the Department agreed to switch off
the cameras during the night so that the
couple could enjoy their evenings together
in privacy.
• A physical disabilities team at a local
authority had a policy of providing support
to service users who wanted to participate
in social activities. A gay man asked if a
support worker could accompany him to
a gay pub. His request was denied even
though other heterosexual service users
were regularly supported to attend pubs
and clubs of their choice. During a human
rights training session, the man’s advocate
realised that the man could invoke his right
to respect for private life and his right not