• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Activism and Campaigning / Coronavirus: NHS faces legal action over ‘unsafe and discriminatory’ visitor policy  
Fleur Perry sitting in her wheelchair in a garden

Coronavirus: NHS faces legal action over ‘unsafe and discriminatory’ visitor policy  

By John Pring on 7th May 2020 Category: Activism and Campaigning

Listen

A disabled woman with high support needs has launched a legal action against NHS England, after it refused to update its policy on visitors that would prevent her being accompanied into hospital if she became ill with coronavirus.

Fleur Perry says that NHS England’s current guidance on visitors during the coronavirus crisis puts her at risk of serious harm, discriminates against her, and breaches her human rights, including her right to life.

The guidance only allows a visitor to accompany a patient into hospital in four situations: if they are in labour; if they are receiving end-of-life care; if they are visiting their child; or if they are experiencing significant mental distress.

But the guidance (PDF), issued by NHS England last month, does not allow a personal assistant or family carer to accompany a disabled person with other physical or communication support needs, even if they have been trained to meet those needs.

Perry (pictured), who has spinal muscular atrophy and receives 24-hour care when at home, says nurses would be unaware of her support needs if she was admitted to hospital, such as how to move her in a safe way; safe dosages of medication; and her medical history.

Perry said: “I’ve been in situations where NHS staff were unaware how to safely meet my health needs; but there’s always been someone there with me to make sure I’m not dropped on the floor, I’m not injured, I’m not forgotten, and I’m not overdosed on routine medication.

“Most NHS staff are not trained in how to use my equipment or how to safely move me.

“In an emergency situation, I would not be able to train every nurse I met on how to do my care, and it’s not fair to be asking nurses to do a job they’re not trained to do safely.

“I would not be safe.”

She believes the current guidance is a breach of both the Equality Act and the Human Rights Act.

And her solicitor has warned NHS England that she will seek a judicial review of its existing guidance – seeking a legal declaration that it is currently unlawful – if it fails to amend it “as a matter of urgency”.

Perry wrote to NHS England last month about the policy but sought legal advice when it refused to engage meaningfully with her over her concerns.

Her solicitor Chris Fry, from Fry Law, says in a letter to NHS England: “If Ms Perry is unwell with a respiratory infection, she finds it difficult and exhausting to speak.

“In a hospital environment, Ms Perry would not be able to talk an unfamiliar nurse through her care if she had a respiratory infection.”

Fry Law believes that thousands of disabled people could be affected by the current NHS England policy on COVID-19 visitors.

In a blog on her legal action, Perry says: “Yes, I know there’s a pandemic on. And that makes this even more important.

“At a time when the NHS is having to work harder, better, faster than ever, removing those who support NHS staff is a no.

“Asking nurses to do a job they’re not trained to do is a no.

“Making disabled people frightened to go get treatment until they have no choice is a no.

“Putting disabled people at risk of harm which will require further treatment is a no.

“At any time, anywhere, ignoring anyone’s Human Rights is a No.

“This can be fixed. Two lines of text added to this visitor policy would do it. I’d even be happy to help them write it.”

NHS England had failed to comment by noon today (Thursday).

*Links to sources of information and support during the coronavirus pandemic include the following:

Real

Inclusion London

Disability Rights UK

The Department of Health and Social Care

National Survivor User Network

Spinal Injuries Association

COVID Mutual Aid UK

Disability North

Disability Wales

Citizens Advice

Inclusion Scotland

 

A note from the editor:

Please consider making a voluntary financial contribution to support the work of DNS and allow it to continue producing independent, carefully-researched news stories that focus on the lives and rights of disabled people and their user-led organisations.

Please do not contribute if you cannot afford to do so, and please note that DNS is not a charity. It is run and owned by disabled journalist John Pring and has been from its launch in April 2009.

Thank you for anything you can do to support the work of DNS…

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on Reddit

Tags: coronavirus COVID19 Discrimination equality act Fleur Perry Fry Law Human Rights Act NHS England

Pygmalion at the Old Vic. Access performances. Icons for audio description, captioned, BSL and relaxed performances.

Related

Network Rail admits: ‘We have no idea how many inaccessible bridges we’re building’
21st September 2023
Fear over council policy that could force disabled people into care homes
21st September 2023
Disabled politician sues Lib Dems over discrimination that left her suicidal
14th September 2023

Primary Sidebar

Pygmalion at the Old Vic. Access performances. Icons for audio description, captioned, BSL and relaxed performances.Pygmalion at the Old Vic. Access performances. Icons for audio description, captioned, BSL and relaxed performances.

Access

Latest Stories

Network Rail admits: ‘We have no idea how many inaccessible bridges we’re building’

Anger as Labour omits ‘vital’ promise on disability rights from policy document

Labour has ‘caved in to vested interests’ on social care, leaked documents show

Fear over council policy that could force disabled people into care homes

Anger at ‘shameful’ failure to include DWP deaths inquiry in Labour policy document

One in three ‘Disability Confident’ employers have employed no disabled people

Austerity changes are reducing impact of accessible housing funds, 12 years on

Ministers ignore ESA claimants in suicide prevention strategy… again

Watchdog appears set to approve mass ticket office closures

Disabled politician sues Lib Dems over discrimination that left her suicidal

Advice and Information

Readspeaker

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Facebook
  • Twitter

Copyright © 2023 Disability News Service

Site development by A Bright Clear Web