R (W) v Birmingham CC [2011] EWHC 1147 Admin (Walker J): the council’s decision to restrict eligibility for adult care services to critical needs only had been unlawful because (1) in breach of section 49A of the Disability Discrimination Act 1995, the material provided to decision makers contained no attempt to assess the likely adverse impact on those with “only” substantial needs and the likely effect of the council’s proposed mitigating steps, and neither did it draw attention to the duty to have due regard to the needs set out in section 49A when considering what decision to reach, (2) the consultation process failed to attempt to elicit information about the likely adverse impact of the proposed changes and failed to provide consultees with adequate information about the precise nature of the proposed change in eligible needs and about the financial savings envisaged. Click here for the transcript.
R (Nassery) v Brent LBC [2011] EWCA Civ 539 (Ward, Arden, Moore-Bick LJJ): the council had reached a rational conclusion that, whilst the claimant might require care and attention in the future on account of a deterioration in his fragile mental health, he did not have any current need for care and attention, for example in the form of care and attention protecting him from the risks associated with a future relapse, in particular because the claimant would be able seek medical help if in the future he required . The claimant conceded that counseling and psychotherapy were medical services and not care and attention. Click here for the transcript.
On the 11 May 2011 the Law Commission published its report on the reform of adult social care. To read the full report click here, click here for the impact assessment, click here to read summary and click here to read the results of the consultation analysis.
On the 30 May 2011 Age UK published its damning report ‘Care in Crisis; Causes and Solutions’. The publication of the Age UK report comes as The Dilnot Commission finalises its recommendations on the future funding of care and support in England. The independent commission is due to publish its findings at the beginning of July. Age UK is calling for the Government to sign-up to concrete plans for reform and commit an essential £2 to £3 billion for older people’s care, to prevent the system as it stands from collapsing. To read Age UK’s report click here.
