What legal considerations should Parkinson’s patients in England be aware of?

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What legal considerations should Parkinson’s patients in England be aware of?

Parkinson’s patients in England should be aware of several legal considerations related to their condition, particularly in relation to driving, employment, healthcare, and discrimination. Here are the key legal issues:

1. Reporting Parkinson’s Disease to the DVLA

Driving: Individuals with Parkinson’s disease must inform the Driver and Vehicle Licensing Agency (DVLA) if they are diagnosed with the condition. This is a legal requirement under the Road Traffic Act. The DVLA will assess whether the individual is still fit to drive safely.
Depending on the severity of the condition, the DVLA may ask for further medical information or request a driving assessment. In some cases, the individual may need to stop driving or have restrictions placed on their driving license (e.g., driving only within certain areas or not driving at night).
Failure to inform the DVLA about a diagnosis of Parkinson’s disease could result in legal consequences, including a fine or the invalidation of insurance coverage if an accident occurs.

2. Employment Rights

Disability Discrimination: Parkinson’s disease is considered a disability under the Equality Act 2010. This means that individuals with Parkinson’s disease are protected from discrimination in the workplace based on their condition. Employers are required to make reasonable adjustments to accommodate employees with Parkinson’s disease, such as flexible working hours, changes to job duties, or adjustments to the workplace environment.
If an employee’s Parkinson’s disease makes it difficult to carry out their role, the employer is legally obligated to explore options for reasonable accommodations that would enable the employee to continue working. For instance, changes to workstations, provision of assistive devices, or modifying job tasks may be necessary.
Sick Leave and Benefits: Employees with Parkinson’s disease are also entitled to statutory sick leave and may be eligible for sick pay if they need time off due to their condition. If the disease progresses and the individual is no longer able to work, they may be eligible for disability benefits.

3. Access to Healthcare and Treatments

NHS Rights: People with Parkinson’s disease are entitled to care under the National Health Service (NHS). This includes access to treatments, medication, and specialist care such as consultations with neurologists, physiotherapists, and speech therapists.
If an individual is dissatisfied with their treatment or care, they have the right to raise a complaint with the NHS through the NHS complaints procedure. If the issue cannot be resolved at the local level, patients can escalate it to the Ombudsman for further review.
Personal Health Budgets: In some cases, people with Parkinson’s may be eligible for a personal health budget, which allows them to manage and purchase their own care services if this is appropriate for their needs.

4. Financial and Disability Benefits

Personal Independence Payment (PIP): People with Parkinson’s disease may be eligible for PIP, which is a financial benefit for those with long-term health conditions or disabilities that affect their ability to carry out daily tasks. PIP is not means-tested and is based on how a person’s condition affects their daily life and mobility.
Employment and Support Allowance (ESA): If Parkinson’s disease affects an individual’s ability to work, they may be eligible for ESA, a benefit for people who are unable to work due to illness or disability. Eligibility is determined through a work capability assessment.
Disability Living Allowance (DLA): If Parkinson’s disease significantly affects a person’s ability to care for themselves or get around, they may be eligible for DLA, though this has largely been replaced by PIP for new claims.
Access to Work: Individuals with Parkinson’s disease may also be eligible for the Access to Work scheme, which provides support for people with disabilities in the workplace, including funding for workplace adaptations, special equipment, or transport to work.

5. Discrimination and Equal Rights

People with Parkinson’s disease are protected from discrimination under the Equality Act 2010. This law prohibits discrimination based on disability in employment, education, and public services.
If a person with Parkinson’s disease feels they have been discriminated against in the workplace, they can file a complaint with the Equality and Human Rights Commission (EHRC) or take legal action in an employment tribunal.
Employers are also legally required to make reasonable adjustments to ensure that people with Parkinson’s can perform their jobs effectively, and they must not be treated less favorably than other employees because of their condition.

6. Legal Considerations in Wills and Powers of Attorney

Mental Capacity: As Parkinson’s disease progresses, it may impact cognitive function, decision-making, and mental capacity. It is important for individuals with Parkinson’s to ensure that they have written instructions in place for situations where they might lose the ability to make decisions for themselves. This can be done through a Lasting Power of Attorney (LPA) for health and welfare decisions.
An LPA allows someone to act on the individual’s behalf if they are no longer able to make decisions themselves due to illness or incapacity. This is particularly important for people with Parkinson’s disease, as the condition may impair cognitive function as it progresses.
Wills and Estate Planning: Individuals with Parkinson’s should also ensure that they have an up-to-date will in place to manage their estate and provide clear instructions for how their assets should be distributed in the event of death.

7. Housing Rights and Adjustments

Individuals with Parkinson’s disease are entitled to reasonable adjustments to their housing if their condition makes it difficult to live in their current environment. This could include changes to the home, such as ramps, grab bars, or modifications to bathrooms and kitchens to make them more accessible.
If living in social or council housing, tenants can request these adjustments, and the landlord is required to comply if they are reasonable and necessary for the individual’s well-being.

8. End-of-Life Care and Advance Directives

As Parkinson’s disease progresses, individuals may need to consider their preferences for end-of-life care. Advance decisions (also known as living wills) allow individuals to make decisions about the treatment they would like to receive if they are no longer able to communicate their wishes.
This can be particularly important for people with Parkinson’s who may experience severe cognitive decline, and setting up advance care planning can ensure that their preferences for medical treatment, including whether they wish to receive life-sustaining treatments, are respected.

9. Legal Aid and Advocacy

Individuals with Parkinson’s disease may be entitled to legal aid if they need help navigating legal issues related to their illness, such as disputes over benefits, discrimination claims, or access to healthcare.
There are also advocacy groups and charities like the Parkinson’s UK and The Parkinson’s Disease Society, which provide guidance and support on legal matters, including disability rights, employment issues, and accessing benefits.

Conclusion

Parkinson’s disease can have significant legal implications in terms of driving, employment, healthcare, and access to benefits. It is important for individuals with Parkinson’s to understand their rights under UK law, including their rights to reasonable adjustments in the workplace, their entitlement to disability benefits, and their responsibilities to report their condition to the DVLA. Being informed about these legal considerations can help individuals with Parkinson’s disease make informed decisions about their health, employment, and financial well-being.

Jodi Knapp