M shared this story at the Lived Experience Roundtable that BIHR and Liberty held with the Independent Human Rights Act Review Panel. You can read more about this here.

About M:

M acted as a litigation friend to her disabled daughter in an HRA challenge relating to charging for council-provided care. During the case, M and her daughter's identities were ruled not to be disclosed. 

How M used the Human Rights Act:

  • M’s daughter was charged at such a high rate that it was having a detrimental effect on her quality of life. She had no way of supplementing her benefits as she was unable to work.
  • The court found that the policy discriminated against M’s daughter as a severely disabled person, contrary to the right to be free from discrimination (Article 14), read with the right to be free from Article 1 of Protocol 1 and the right to private and family life (Article 8).
  • M and other affected people spent a long time campaigning on the issue before eventually taking legal action. The facts were the same all along, but nothing changed until she used the Human Rights Act.

In M’s own words:

“I can confidently declare that had we not been able to use the HRA, then severely disabled people would still be in this dire state. The issue I see if that this should be made more accessible, not less."