⟡ Eosinophilic Asthma — Disability, Risk, and Prevention Duty ⟡
Filed: 29 September 2025
Reference: SWANK/WCC/ASTHMA-PREVENTION-DUTY
Download PDF: 2025-09-29_Core_Westminster_EosinophilicAsthma_PreventionDuty.pdf
Summary: Establishes that Eosinophilic Asthma is a biomarker-defined fluctuating disability; Westminster’s minimisation of susceptibility, remodelling risk, and prevention duty constitutes medical illiteracy, statutory breach, and administrative violence.
I. What Happened
• Child diagnosed with Eosinophilic Asthma: biomarker-confirmed (blood eosinophils, FeNO, periostin).
• Condition fluctuates: child may appear well, yet collapse within hours.
• Exacerbations triggered by common infections (rhinovirus, influenza).
• Irreversible airway remodelling documented as risk if prevention not maintained.
• NHS statistics: three asthma deaths daily in the UK, majority preventable.
• Westminster dismissed condition as trivial, erasing parental advocacy from records.
II. What the Document Establishes
• Disability recognition: fluctuating, unpredictable conditions are protected disabilities (Equality Act 2010).
• Foreseeability: infection susceptibility and remodelling risk were predictable, ignored, and thus unlawful.
• Prevention duty: safeguarding requires prevention, not reactive collapse management.
• Evidentiary value: Westminster’s minimisation proves medical illiteracy and administrative incapacity.
• Pattern: trivialising parental expertise while tolerating irreversible harm.
III. Why SWANK Logged It
• To expose systemic medical illiteracy in Westminster safeguarding.
• To preserve proof that prevention duty was erased, contrary to NHS and international standards.
• To catalogue the pattern of hostility to feedback, where lawful parental advocacy is recast as hostility.
• To archive the contrast: the Director holds advanced medical literacy; the Authority cannot spell “FeNO.”
IV. Applicable Standards & Violations
• Children Act 1989, ss.1 & 22(3)(a) — welfare duty breached.
• Children Act 2004, s.11 — safeguarding duty breached.
• Health and Social Care Act 2012, s.12 — failure to reduce health inequalities.
• Equality Act 2010, ss.6, 20, 149 — fluctuating disability protections, adjustments, and PSED ignored.
• Human Rights Act / ECHR:
– Art. 2 (Right to Life): engaged by fatal asthma risk.
– Art. 3 (Degrading Treatment): tolerating foreseeable collapse.
– Art. 8 (Family Life): parental advocacy erased.
– Art. 14 (Non-Discrimination): disability dismissed.
• UNCRC, Arts. 3, 6, 23, 24 — best interests, right to life, disability protection, healthcare.
• UNCRPD, Arts. 1, 5, 7, 25 — disability recognition, equality, healthcare duty.
V. SWANK’s Position
This is not “parental overstatement.” This is a biomarker-defined fluctuating disability with a legal prevention duty.
• We do not accept the erasure of susceptibility and remodelling risk.
• We reject the pathologising of lawful medical advocacy.
• We will document Westminster’s medical illiteracy as evidence of administrative manslaughter in embryo.
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