A & Ors, R (on the application of) v Disability Rights Commission

Miss Alison Foster QC (instructed by Mackintosh Duncan) for the claimants A and B Mr Murray Hunt (instructed by Leigh Day & Co) for the claimants X and Y Ms Beverley Lang QC and Ms Jenni Richards (instructed by the Director of Legal and Community Services) for the defendant Mr David Wolfe (instructed by Chris Benson) for the interested party ____________________

HTML VERSION OF JUDGMENT AS APPROVED BY THE COURT CROWN COPYRIGHT � ____________________

i) The first issue ("the user independent trust issue") is whether care staff may lawfully be provided to the family by ESCC by means of a vehicle known as a 'user independent trust'. This raises a short but important point of pure law.

ii) The second issue ("the manual handling issue") concerns the legality of what is said to be ESCC's policy of not permitting care staff to lift A and B manually. This is a much more complicated issue, raising, on one view of the matter, difficult questions of law (by which I mean domestic law, human rights law and European Community law), of policy and of fact.

i) by article 19 that there shall be not less than five members of the Board (called "Trustees"), being X and Y � both appointed for life pursuant to article 28 � A and B's advocate, a representative from East Sussex Disability Association and a representative from ESCC;