Adult social care judicial review

By on 19/05/2011 in News

Peter Hay, strategic director of adults and communities, said: “We welcome the judgement, which has given us greater clarity with regard to the Disability Discrimination Act (DDA), and 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.  In the meantime, people will continue to receive services to meet needs that have been assessed as substantial and critical.

“A report will be brought back to our cabinet members to enable them to decide how the council will meet adult social care needs in the future.

“The original dilemma between reducing services in different areas remains. There is no new money as a result of the judgement and hard choices about meeting growing needs with fewer resources will have to be made by local authorities.

“As this judgement clearly acknowledges, councils can only control spending by setting eligibility criteria. We will now have to review our criteria and sadly other aspects of our new offer will have to be withdrawn so that we consider all resources that are available to the council. We are particularly saddened that our agreement to spend £10m in supporting people with substantial needs in community and voluntary services will cease whilst we review our options.

“It is important to point out that Mr Justice Walker has said that we were considerate and thoughtful of disabled people, in making our new offer, that our consultation was extensive but that it needed to be fully informed by impact assessment. There are broader issues for all councils which will need to be considered as a result of this judgement

“On the DDA and impact assessment, we recognise the need both for further action and to build broader understanding of the impact of the choices we will make across the council, and particularly with people who use services and their carers.”

Councillor Anderson, cabinet member for adults and communities, said: “We will look at the implications of all parts of the judgement and provide regular updates for service users, staff, councillors and MPs, with scrutiny playing a key role. I and my cabinet colleagues will look  at the proposals brought forward in due course and fully consider them in compliance with this important judgement.”

See Council Business Plan 2011+ (Budget 2011/12) pge 140

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