Charities and legal experts have warned that a High Court ruling against Birmingham City Council’s plans to cut adult social care funding could have far-reaching consequences.
The local authority lost a legal case last week, which 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. Mr Justice Walker said the local authority’s budget-setting and decision to change its eligibility criteria were unlawful under equality rules. 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.
The chief executive of the National Autistic Society, Mark Lever, said it had been worried about the council’s original decision to restrict social care to people in critical need. Simon Bottery, director of policy at charity, Independent Age, said the ruling was a ‘step in the right direction for guaranteeing care and support as a right’. Birmingham City Council’s cabinet member for adults and communities, Cllr Sue Anderson, said: ‘I and my colleagues will look at the proposals brought forward in due course and fully consider them in compliance with this important judgement.’
ADASS president and Birmingham strategic director of adults and communities, Peter Hay, said the case would have a number of implications for councils around the country.
‘Every council will be looking at it,’ he told The MJ. ‘We have to be clear about the impact of reforming social care.’
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