A growing number of local councils and health authorities are instructing care workers and district nurses not to manually lift disabled and elderly people for fear the workers will hurt their backs.



Now one family has successfully taken their local authority to court over their manual handling policy and others are waitiing in line.



Lorraine Wolstenholme:

"I feel like an animal. Worse than an animal. You wouldn't treat an animal in that manner."



Family member of handicapped girl in care:

"They are not being treated like human beings they are being treated as dangerous loads."



These dangerous loads are the disabled and the elderly. And across the country an increasing number of local authorities are refusing to allow care workers and district nurses to manually lift them from their wheelchairs or beds in case they hurt themselves.



This has led to cases like that of Lorraine Wolstenholme who has multiple sclerosis. She cannot dress or bathe herself, go to the lavatory unaided, or climb in and out of bed.



But because the Milton Keynes Primary Care Trust will not allow its carers to manually lift her, Lorraine has been forced to sleep every night since last June in her wheel chair. Her health is suffering for lack of a good night's rest.



Her daughter Karen does what she can, but she physically cannot lift her mother by herself. The pair claim that Lorraine once fell on the floor and was watched by care workers as she crawled to a telephone to ring a paramedic.



It's hard to believe but in researching this others have told similar stories.



The Milton Keynes Trust said in a statement:

"We have a duty of care both to our patients and to our nurses. We need to balance the interests of both and to try and ensure everyone's safety when patients are being lifted."



Part of the problem is there is no specific law. The Health and Safety Executive's guidance - drawn up with the help of the Disability Rights Commission - recognises the risks to the workers but says this "should not place any unreasonable restrictions on clients rights to autonomy, privacy or dignity. "



But many local authorities - perhaps worried about being sued - are using Royal College of Nursing guidelines, which say manual lifting should only be used "in exceptional or life threatening situations."



And our own snapshot survey of a dozen county councils shows that there is confusion. Northumberland, Herts, and Wandworth, for instance, openly admitted they did not allow any manual lifting.



But now they could find themselves in court.



After years of fighting with East Sussex County Council over its refusal to manually lift two profoundly disabled sisters, this family sued. Today they were told they have won. A court order prevents us from identifying them.



And today the court judgement recognised that manual lifting was necessary. It said: "There is an inherent and inescapable need for manual lifting."



And it added that it was likely to be unlawful not to take the girls swimming or shopping because manual lifting was required.



East Sussex would not be interviewed, but said in a statement that it was "pleased the Judge had recognised this was a uniquely difficult case." And that they were "continuing to attempt to deliver the much-needed care services for the family."



Only this was not a unique case. The problem is that few of the disabled or elderly are willing to complain or are prepared to go to court which means many other examples remain hidden.