Will ‘unlawful’ ruling over social care cuts prompt Kirklees Council re-think?

A RULING that a council’s plan to cut adult social care is unlawful could hit changes in Kirklees.

A High Court judge ruled Birmingham City Council’s cuts to social care for adults were “unlawful and cannot stand”.

It is a decision with widespread implications and has prompted Kirklees Council to “carefully consider” the ruling.

Kirklees is in the middle of re-assessing the care needs of 11,000 adults with mental, physical and learning disabilities.

They want to provide funding only for those classed as having “substantial” needs.

But the ruling over Birmingham City Council has forced Kirklees to consider the legal ruling.

A spokesman for Kirklees Council told the Examiner: “We are committed to our new approach to social care and its focus on prevention and early intervention. We believe this is the best way to deliver services for the future.

“We are also very mindful of the need to follow all the correct implementation processes. This includes the careful consideration of disability discrimination law.

“Yesterday we have obtained a copy of the judgement handed down by Mr Justice Walker.

“It is an extensive and detailed judgement which the council is now considering carefully.”

Mr Justice Walker ruled that the Birmingham authority had failed to focus properly on essential questions under the 1995 Disability Discrimination Act.

He said of the consultation process: “The consultation had not involved any attempt to look at the practical detail of what the move to ‘critical only’ would entail.”

Birmingham City Council is now re-running the consultation in a bid to make fresh decisions about adult social care in accordance with today’s ruling.

A spokesperson for the Equality and Human Rights Commission said: “Many councils have already restricted care to those who have critical needs, leaving people without care and support they need to live independently.

“This includes older people who are very frail as well as disabled people.

“Not providing care to those who clearly need it fails to protect some of our most basic human rights – having a decent quality of life and being treated with dignity and respect.

“It denies disabled people the right to choose how to live their own lives and the freedom to make their own choices.

“We are investigating if councils are protecting these rights in delivering home-based care and support, and we will be reporting on our findings before the end of the year”.