The principle that people with learning difficulties should have the same medical treatment as everyone else was defended last week. If there was cause for concern, it was that it took a decision in the High Court to uphold the principle. Judge Dame Elizabeth Butler-Sloss, president of the High Court family division, ruled that a hospital had been wrong to deny life-saving medical treatment to a patient on the basis that he was autistic. The patient's family were unhappy with the hospital's decision to withhold dialysis and the chance of a kidney transplant from the patient, who has kidney failure. Butler-Sloss said that the failure to provide treatment was contrary to the rights of a mentally incapacitated patient under European and UK law. She added: "A kidney transplant ought not to be rejected on the grounds of his inability to understand the purpose and consequence of the operation or concerns about the management of his behaviour."
Phil Frampton, national chairperson, Care Leavers
Association
"It's just like saying that the least able will be given
the worst treatment, the worst chance of survival. The hospital's
decision goes against the principles of the welfare state and the
NHS. Other people with learning difficulties pay their taxes on the
basis that they will get an equal chance of treatment. Anyone who
has been brought up in the care system is used to being denied
their rights. The same kind of paternalistic attitude can be seen
in this case."
Felicity Collier, chief executive, Baaf Adoption and
Fostering
"This is a highly significant judgement and will have
major implications for the treatment of disabled people. It
recognises that all human life is equally valuable and moves us
away from a medical model whereby doctors control rationing
decisions.
I would like to see an ethical committee draw up national guidance
for treatment, underpinned by clear values about the scope of
patients' rights and the responsibilities of hospitals."
Bill Badham, development officer, National Youth
Agency
"Thank goodness for Butler-Sloss's ruling, but how did it
ever come to a situation whereby the courts had to defend patient
rights? We have a bill of rights, a constitution in the Human
Rights Act 1998, where article 2 states that 'everyone's right to
life shall be protected by law'. And under the Disability
Discrimination Act 1995, providers of services, including health,
cannot refuse a service or offer a worse standard of service to a
disabled person. The ruling indicates the need for a far more
fundamental shift in cultural and organisational behaviour before
real progress for disabled people is assured."
World class commissioning learning resource
20 November 2008
Baby P case in Haringey
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Details of government consultations
14 November 2008
Government Legislation
13 November 2008
Private Member Bills
16 October 2008