Next Gen News

Two disabled wins the lawsuit against the Isle of Wight Council, which plans to reduce the budget for social assistance for adults

Two adults with severe disabilities have won a battle history of the Supreme Court on the reduction of costs by the local authority when a judge ruled that the Isle of Wight Council plans to reduce its budget for the care Adult Social are illegal.

Madam Justice Lang, sitting in London, said: ". The defendant [Council] The decision of 8 to 23 February 2011 to adopt new standards of care in the community are crushed "

Counsel for both plaintiffs, known as JM and NT, said the ruling sends a "clear message" to all councils in England and Wales, seeking to make similar cuts.

The judge ruled that the Council had not followed its own internal guidelines on its new policy for assessing eligibility for social care for adults. A consultation document "provides sufficient information" to allow those consulted on changes to the criteria of "considerable intelligence and intelligent response," said the judge.

The decision is the second high court ruling this week to lend a helping local councils who want to save money because of the constraints on public spending.

Wednesday, another judge overturned a decision of the Board of Sefton, Merseyside, to freeze the rate of home care for the second consecutive year, and ordered the authority to consult more.

Alex Irwin Mitchell lawyer representing JM and NT, described the Isle of Wight as a landmark decision that could "provide greater clarity for thousands of disabled people on the island could lose all or part of its welfare package in the proposed changes. "

The decision would prevent the Council "of the court services to some of the most vulnerable people with disabilities" and provide "comfort and tranquility" for thousands of people.

Torre said: "This historic victory sends a clear message to all councils in England and Wales

"If a board made cuts in its budget for social care for adults, you can not only meet the needs designed to keep someone safe, but put aside their quality of life in general .

"The decision also makes it very clear that if an extensive consultation process and complete, takes place when considering the proposed cuts to services for adults with disabilities, courts the cancellation policy. "

heads

Commission stated that it would appeal, adding: ". Immediately comply with the judge's decision and return to the old eligibility threshold that we consider our next steps" described in the pressure to "significant budgetary savings," while at the same time protect the most vulnerable.
The board said it was facing a 21 million pounds in central government funding, representing a difference of 33 million pounds against the budget, taking into account inflation and the increased need.