- Clear all
- Article 8: Respect for your private and family life, home and correspondence
- Convention on the Rights of Persons with Disabilities and its Optional Protocol (CRPD)
- Intervention (section 30 of the Equality Act 2006)
- Judicial review by the Equality and Human Rights Commission (section 30 of the Equality Act 2006)
Protecting the right of disabled people to stay in their own home (1) (EHRC v 13 Clinical Commissioning Groups)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. A number of CCGs had policies which limited spending on continuing healthcare. It meant that disabled people with ongoing health needs risked being moved from their homes into residential care against their wishes. We believe this breaches human rights laws and began legal proceedings against the 13 CCGs with the most overly restrictive policies.
After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority and a legal agreement was reached.