What’s the consequence? Impunity and breaches of disabled people’s fundamental rights


Two stories on social media this week reveal further systemic breaches of disabled and elderly people’s fundamental rights. Firstly, some excellent work by Andy McNicoll for Community Care shows widespread failure by local authorities to make the necessary court applications to authorise deprivations of liberty for disabled people living in the community. To me the most shocking aspect of Andy’s research was that at the relevant time there were over 50 councils who had made *zero* applications, despite those councils having identified over 6,000 cases where an application might be needed. It would seem that in all those 6,000 cases (and many others elsewhere) there is likely to have been a breach of Article 5 ECHR, the right to liberty.

The reasons for this sorry state of affairs have been expertly explored by Lucy Series – as Lucy writes the fundamental error was to exclude supported living placements from the…

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