Council disabled care cuts ruled unlawful by judge

The by Birmingham City Council proposals were that only those whose needs had been assessed as “critical” would qualify for council-funded care.

But Mr Justice Walker said there had been a failure to take proper account of the duty to promote equality under laws on disability and discrimination and the consultation process was flawed.

The council said it will now re-run the consultation and make fresh decisions about adult social care in accordance with yesterday’s ruling.

The case was won by four disabled residents from Birmingham who cannot be named.

Solicitor Polly Sweeney of law firm Irwin Mitchell, who acted for a 65-year-old woman with severe learning difficulties, described it as “a hugely important victory for thousands of people across Birmingham”.

It is thought the ruling could also impact on other councils across the country making cuts.

The four applicants were all told earlier this year that, from April 1, any needs which were not considered “critical” would no longer be paid for, sparking fears they would lose many of their essential care services.

Yesterday Mr Justice Walker ruled the council 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”.

After the ruling Birmingham Council’s strategic director of adults and communities, Peter Hay, said: “We will now need to re-run the consultation and make decisions about adult social care consistent with the need to analyse the potential impact on disabled people and our compliance with the equality principles set out in law.”

The Tory-Liberal Democrat-run council had introduced the cuts as part of plans to save £212m, putting at risk the care packages of up to 5,000 disabled people.