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Disabled woman awarded £10,000 damages under human rights act

Posted: 29 October 2002 | Subscribe Online


A disabled woman and her husband were awarded £10,000 damages under the Human Rights Act in a landmark case last week after being forced to live in a "wholly unsuitable" home.

Mr Justice Sullivan ruled that, due to the "corporate negligence" of Enfield Council, north London, Dulcie Bernard had been almost totally confined to her home, unable to get upstairs, and forced to sleep in the lounge with her husband and two youngest children.

He said that the couple appeared to have "fallen into an administrative void" between the council's social services and housing departments. The council had shown a "singular lack of respect" for the couple's private, family and home life, in violation of article 8 of the European Convention on Human Rights, he added.

He ruled that Bernard was entitled to £8,000 damages for distress, discomfort and humiliation, while her husband who had cared for her single-handedly in "deplorable conditions" was awarded £2,000.



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