• 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 / News Archive / Disabled duo set to fight again in court for direct payments

Disabled duo set to fight again in court for direct payments

By guest on 2nd January 2010 Category: News Archive

Listen

Two disabled people will challenge the government in court this month over its refusal to allow them to use direct payments to manage their own long-term healthcare.

They will argue that the decision discriminates against them and breaches their human rights.

The government is fighting the case despite passing new legislation in November that will allow the NHS to use direct payments. It is now preparing to pilot their use in some primary care trusts (PCTs).

Valerie Garnham who has a progressive neuromuscular condition, was one of the first residents of Islington in London to receive direct payments for care services, but a serious illness seven years ago meant she needed a permanent tracheotomy and ventilator.

She became eligible for NHS continuing care and began receiving direct payments for her health needs from Islington PCT, paid through her council.

But two years ago, the PCT told her she would have to receive her healthcare through an agency, because of new government guidance.

Garnham lost a court battle to challenge this decision last year, but won an interim injunction forcing the PCT to allow her to continue receiving direct payments until her appeal was over.

Now lawyers for her and Steven Harrison, from Yorkshire – who is also fighting for the right to healthcare direct payments – will argue their case at the court of appeal.

They will say the Department of Health (DH) has the power to allow direct payments to be paid to service-users, and by denying them to those receiving healthcare services, it is discriminating against disabled people and breaching their right to a private and family life, under the European Convention on Human Rights.

Garnham said it could cost three times as much to provide agency nurses than her current arrangement, her quality of life would suffer, and she would feel less secure than she does with the trusted staff she has helped train herself.

She said: “It would remove my control. It would be impossible to match the flexibility that we have at the moment.”

Her solicitor, Frances Lipman, from the Disability Law Service, said: “This is a very important case.

“What is the difference between someone on NHS and someone on social care?

“It goes to the heart of disabled people’s lives and how they manage their care.”

The DH said it could not comment because of the pending appeal.

5 January 2010

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Related

‘Muddled’ blue badge reforms ‘are to blame for renewal delays’
6th February 2015
UN debate will be reminder of true inclusive education
6th February 2015
IDS breaks pledge on PIP waiting-times, as tens of thousands still queue for months
30th January 2015

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Campaign for Disability Justice. Sign up to support. #OpportunitySecurityRespect’
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Access

Latest Stories

‘Disastrous’ cuts bill that leaves legacy of distrust and distress ‘must be dropped’

Four disabled Labour MPs stand up to government over cuts to disability benefits

Silence from MP sister of Rachel Reeves over suicide linked to PIP flaws, just as government was seeking cuts

Disabled people receiving care were ‘ignored by design’ during the pandemic, Covid inquiry hears

Disabled activists warn Labour MPs who vote for cuts: ‘The gloves will be off’

GB News says it has nothing to apologise for, after guest suggests starving disabled benefit claimants

SEND inspections find services in just one in four areas usually lead to ‘positive’ outcomes for disabled children

Disabled MP who quit government over benefit cuts tells DNS: ‘The consequences will be devastating’

Disabled peers plan to ‘amend, amend, amend, amend, amend’ after assisted dying bill reaches Lords

Minister finally admits that working-age benefits spending is stable, despite months of ‘spiralling’ claims

Advice and Information

Readspeaker
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Footer

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

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2025 Disability News Service

Site development by A Bright Clear Web