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, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions