Council care cuts ruled unlawful (From Daily Echo)

Council care cuts ruled unlawful

11:30am Friday 11th November 2011 in News

Council care cuts ruled unlawful

Two severely disabled adults have won a ''landmark'' High Court battle over cost cutting by their local authority.

A judge ruled today that Isle of Wight Council's plans to reduce its adult social care budget were unlawful.

Mrs Justice Lang, sitting in London, announced: ''The defendant (council's) decision on 8 and 23 February 2011 to adopt new community care eligibility criteria are quashed.''

Unless there is a successful appeal, the authority will now have to think again.

Lawyers for the two claimants, referred to as JM and NT, said the ruling sends ''a very clear message'' to all councils in England and Wales seeking to make similar cuts.

The judge ruled the council had failed to comply with its own internal guidance on its new policy for assessing eligibility for adult social care.

A consultation document also ''provided insufficient information'' to enable those consulted on the criteria changes ''to give intelligent consideration and an intelligent response,'' said the judge.

The ruling is the second High Court judgment this week to deal a blow to local councils anxious to save money in the wake of Government spending restrictions.

On Wednesday a different judge struck down a decision by Sefton Council on Merseyside to freeze care home fees for the second year running and ordered the authority to carry out further consultation.

Lawyer Alex Rook, of Irwin Mitchell, who represented JM and NT, described the Isle of Wight decision as a landmark judgment which would ''provide clarity for the thousands of disabled people on the island who stood to lose all or part of their social care packages under the proposed changes''.

The ruling would prevent the council ''from cutting services to some of the most vulnerable disabled people'' and would provide ''comfort and peace of mind'' to thousands of residents.

Mr Rook said: ''This landmark victory sends out a very clear message to all councils in England and Wales.

''If a council seeks to make cuts to its budget for adult social care, it cannot do so by only meeting certain needs designed to keep someone safe, but neglecting their overall quality of life.

''The judgment also makes it very clear that if a thorough and full consultation process is not carried out when considering proposed cuts to services to disabled adults, the courts will quash the policy.''

The first claimant, JM, aged 32, has severe autism and a brain injury suffered at birth.

The court heard that he lives with his retired parents, who devote themselves to his care, and he struggles to communicate with anyone else. He needs support with all areas of his life throughout the day.

The second claimant, 31-year-old NT, also has autism and a learning difficulty. He is currently living in residential accommodation provided by the council during the week, but returns home to his mother every weekend.

The court heard that he is highly vulnerable and anxious and has communication difficulties. His mother launched court action fearing the council's new policy could potentially have a ''devastating'' effect on NT's quality of life.

Mark Milton, Chief Operating Officer of the National Autistic Society, said: “The High Court’s decision will help safeguard much needed social care services on the Isle of Wight for adults with autism and other disabilities.

“The High Court ruling has prevented potentially devastating cuts from going ahead, which could have severely impaired the quality of life for many of the island’s most vulnerable people who desperately need support.

“The NAS now calls on other local authorities to recognise the national implications of the ruling and ensure they are fulfilling their statutory obligations for adult social care. Cutting vital services to satisfy budgetary targets is not a viable solution and can actually create greater financial pressures in the long run. Research by the National Audit Office in 2009 found that failing to invest in support for adults with autism is a false economy. Millions could be saved every year if adults with the condition are properly identified and supported.

“With the right support at the right time, people with autism can live fulfilling and rewarding lives.”