How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

What are the human rights allowing a husband and wife of 60

Resolved Question:

What are the human rights allowing a husband and wife of 60 years' marriage to stay together in the marriage home when both are incapacitated by ill health?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Is it you want to force the council to provide 24 hour live in care free of charge?
Customer:

Yes, if it is reasonable to do so.

Customer:

Yes, if it is reasonable to do.

Customer:

Yes,if it is reasonable to do so

Alex Watts :

I can tell you that Human Rights are not absolute.

Alex Watts :

Your only one here is a right to a private and family life.

Alex Watts :

This is not an absolute right, it is qualified. This means it can be limited by law.

Alex Watts :

Clearly here the difficulty you have is expecting the Council to provide and fund 24 hour care 7 days a week.

Alex Watts :

There is clearly a cost of doing this which is going to be many thousands of pounds every week.

Alex Watts :

You are expecting the Council to spend thousands of pounds a week when there are government cuts and their budgets are very tight

Alex Watts :

I do not think realistically you can get them to do this.

Alex Watts :

Human rights have to be competed and balanced not only with your rights but those of others.

Alex Watts :

If the Council spent money on this then it may be they can not offer a number of other people services.

Alex Watts :

So there are competing interests for time and money

Alex Watts :

The law allows Councils to refuse to provide this service so you can not make them

Alex Watts :

However you can ask for it and if they refuse you can complain to the Local Government Ombudsman

Alex Watts :

They regulate Councils and can consider any complaint you have

Alex Watts :

They offer a free service and their website is: www.lgo.org.uk

Alex Watts :

If the Council refuse to offer the service you can also consider a Judicial Review

Alex Watts :

This is where a High Court Judge considers your complaint and see whether the Council has acted reasonably.

Customer:

Yes if a needs assessment suggests this is necessary.

Alex Watts :

The Judge can agree with the decision or remit it back for further consideration.

Alex Watts :

You may or may not get legal aid for this.

Alex Watts :

But these are your options.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your help I do not reply any clarification at this time

Ash and other Law Specialists are ready to help you