Charities have expressed concern at the Supreme Court's decision to reject a former ballerina's appeal for overnight care to help her use a commode.

Elaine McDonald, 67, requires assistance following a stroke 12 years ago, but has been denied overnight care by her local council in London.

Although Ms McDonald does not have incontinence, the decision means she now relies on incontinence pads at night, as she cannot get to the toilet on her own.

Michelle Mitchell, charity director at Age UK, described the decision as "shameful".

She said: "Older people have a fundamental right to dignity and forcing someone to sleep in their own urine and faeces could not be more undignified."

Age UK was represented in the case by Alex Rook of Irwin Mitchell solicitors, who said that a balance should be struck between the rights of the individual and the interests of the community, given the current economic climate.

He remarked: "Age UK continues to find it difficult to understand how it can be rational or reasonable to expect an older continent person to use incontinence pads rather than to assist them to access a toilet."

The Stroke Association has also expressed disappointment at the case's outcome, with communications director Joe Korner pointing out that more than a million people in the UK are living with the after-effects of stroke.

He said: "We are very concerned about this judgment and call on councils to continue to provide vital services that help to preserve people's health, dignity and quality of life."