William Eichler 30 March 2023

Mencap threatens council with legal action over cuts

Mencap threatens council with legal action over cuts image
Image: Graeme J Baty / Shutterstock.com.

A learning disability charity has threatened to take legal action against Devon County Council over the local authority’s plans to ‘severely cut’ adult day and respite services.

In January, Devon County Council announced plans to deliver significant reductions to its in-house provision for day care and night-time (respite) care to help cut £30m from the adult care budget.

The council’s leader warned last year that the local authority will have to make ‘deep cuts’ to the county’s local services.

Cllr John Hart said in November that the council’s financial situation ‘has never been so bleak as it is now.’

Exeter & District Mencap Society has served Devon County Council with a Letter Before Claim, which confirms that a judicial review will be launched unless the council halts the consultation and takes immediate steps to ensure retention of staff at the services.

The charity argues the public consultations for the plans were not carried out in a lawful manner and that the council had failed to comply with section 149 of the Equality Act 2010 – the public sector equality duty – when formulating its proposals.

Bob Gaiger, trustee of the Exeter & District Mencap Society, said: ‘We are extremely concerned that the consultations appear to be designed to justify the proposals to cut in-house services.

‘The consultations and proposals are seriously flawed and provide no evidence to support the decisions that Devon County Council have taken so far. Parents and carers are being asked to complete the consultation documents and make impossible choices without any supporting information to help them in their decisions.’

A spokesman for Devon County Council said that the council is considering its response.

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