A test case funded by the Equality and Human Rights Commission asking if a local council was justified in withdrawing night care for an elderly woman is before the Supreme Court.

EHRC is looking at the effectiveness of the care and support system provided to older people in their home as part of a wide-ranging homecare inquiry.

In the case, lawyers for Elaine McDonald, a former Scottish Ballet principal ballerina, argue that community care, human rights and disability discrimination confirm that her assessed need should be met.

Ms McDonald needs to use a toilet up to three or more times a night due to a medical condition.

Kensington and Chelsea Council decided that her need was for “assistance at night to use the commode” which could only be met with the provision of an overnight carer.

The council provided the service until her care budget was cut and decided to supply her with incontinence pads instead.

John Wadham, Group Director, Legal, at the Commission, said: “This case will set an important precedent. With an ageing population and budget pressures, care for older people is an issue that is escalating in scale.

“Older people deserve to be treated with dignity and respect. Providing them with the care they need should be a basic right; local authorities should not be able to override that fundamental human right.”

Ms McDonald explained the council’s decision left her lying in a soiled bed for hours on end.

“I feel like the council is penalising me because I want to remain independent and do not want to become incontinent,” she said.

“On the nights when I don’t have a carer I may have to lie in my own urine and faeces for 12 hours at a time, until my carer arrives the following morning. I do not even think that prisoners have to suffer such indignities.”

The hearing is scheduled for two days.