A teenager has been given permission to take Worcestershire County Council to a full Judicial Review over their Maximum Expenditure Policy
This Maximum Expenditure Policy may force many people into residential care as the Council will place a cap on the amount of money which they will contribute to care packages if people choose to live in the community.
Expert public lawyers at Irwin Mitchell, which has already successfully challenged Council cuts to care for the vulnerable in other regions, say the council failed to have due regard to its duties under the Equality Act when deciding on its ‘Maximum Expenditure Policy’. They also allege that the council has failed to undertake a lawful consultation.
A High Court judge today granted permission for Irwin Mitchell and the teenager, supported by his mother acting as his litigation friend, to take the matter to a full Judicial Review hearing after the council refused to review their decision on the policy and re-consult.
It is believed to be the first time this policy has been employed by a Council in England and Wales when cutting social care budgets for vulnerable and disabled people.
Polly Sweeney, a public law specialist at Irwin Mitchell represents the Claimant, she said: “The judge has now given permission for our client to challenge the council’s policy in court. The policy is likely to have a significant impact on the ability of many disabled people within the region to live an independent life in the community.
“We have real concerns that the process by which the Council took this decision is seriously flawed and as a result, the needs of disabled people have not been properly considered.
“We are particularly worried about how young people going through transition will be affected by the Policy, or individuals who may have suffered a significant change in their circumstances, such as those who may have suffered a brain injury and so will need to access support from the Council for the first time.”
You can find out more information about this challenge on the Irwin Mitchell website.
