Woman with cerebral palsy in legal challenge over home care

A 50-year-old woman with cerebral palsy is not getting much needed home care because of a break down of arrangements with State-funded private care providers, the High Court has heard.

The woman is confined to a wheelchair and can only communicate non-verbally.

Her father died last September, her mother died in 2004 and her sister, who lives next door, provides most of her care at the moment.

On Monday, her lawyers brought an represented application to the court for leave to challenge the alleged failure of the HSE to continue to provide care arrangements.

Mr Justice Charles Meenan said he wanted the HSE to be put on notice of the application and he would consider the matter next week.

The court heard various private care providers, funded by the HSE, had provided care over the years but the arrangements broke down.

The woman went into respite care for some time and was discharged with a new home care package put in place . That arrangement also broke down and last September the last private provider said it was no longer prepared to provide the service.

The HSE, while it says it has funding for such care, is unable to identify alternative home support. In the proposed judicial review proceedings, the woman’s lawyers say the HSE has not given any reasons as to why a provider is not available.

It is also claimed the HSE has fettered its statutory duty to provide care by saying only private providers can do it. The woman’s legitimate expectation of care has also been breached in circumstances where funding is available for her care, it is claimed.

This amounts to breach of the woman’s constitutional rights, her rights under the Equality Act and her rights under the European Convention, it is also claimed.