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| Friday, 25 October, 2002, 15:58 GMT 16:58 UK Couple wins human rights payout ![]() A disabled woman and her husband have been awarded �10,000 in damages for the treatment their family received from a north London council. It is believed to be the first such award against a public authority under new laws which enshrine into UK law the European Convention on Human Rights. A High Court judge said Dulcie and Eston Bernard from Edmonton were the victims of maladministration by Enfield Council which deprived them of suitable accommodation, social services and care. The couple and their six children are now in a home specially adapted for their needs.
The court had heard that Mrs Bernard, 48, had been left severely disabled by a stroke. She had little movement in her right leg and arm and had great difficulty controlling her bodily functions. She had not been able to use her powered wheelchair at the home in Edmonton because it was unsuitable. For 20 months, the council had failed to provide them with community care services, including suitable accommodation or adaptations to meet their needs. Mr Justice Sullivan said: "This is, in essence, a bad case of maladministration. "They (Mr and Mrs Bernard) had to endure humiliating conditions wholly inimical to family life for a long time." No apology The authority had never explained why it failed to provide them with the services and never apologised when they were not put in place. Outside the court, David Roberts, solicitor for the Bernards, said the award was a human rights breakthrough. "It is the first time that a domestic court has made a Human Rights Act award against a public authority", he said. "It is a warning to local authorities that they are under a positive obligation to protect the rights of the disabled and breaches of this obligation will lead to legal challenges." | See also: 06 Mar 02 | England 02 Jan 01 | UK 04 Dec 00 | Education 28 Dec 00 | Business 15 Nov 00 | UK 15 Nov 00 | UK 19 Apr 99 | UK Internet links: The BBC is not responsible for the content of external internet sites Top England stories now: Links to more England stories are at the foot of the page. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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