Jamie Hailstone 20 May 2011

Birmingham loses social care case

Birmingham City Council's plans to cut adult social care funding were ruled unlawful by the High Court yesterday.

The legal case was brought by four disabled Birmingham residents, who were concerned that their care and support needs would not be met under the council’s new plans.

In a decision, which could have far-reaching consequences for other local authorities, Mr Justice Walker said the local authority’s budget setting and decision to change its eligibility were both unlawful under equality rules.

'The consultation had not involved any attempt to look at the practical detail of what the move 'critical only' would entail,' he said.

Birmingham City Council's cabinet member for adults and communities,Cllr Sue Anderson, said:'We will look at the implications of all parts of the judgement and provide regular updates for service users, staff,councillors and MPs, with scrutiny playing a key role.

'I and my cabinet colleagues will look at the proposals brought forward in due course and fully consider them in compliance with this important judgement.'

Polly Sweeney, a solicitor at the law firm Irwin Mitchell, which represented one of the people who brought the case, said the decision had a national significance.

'It's very likely that this outcome will set a precedent for other cases in other parts of the UK, where councils may be targeting vulnerable groups through cost-cutting drives,' said Ms Sweeney.

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