A man with quadriplegic cerebral palsy who said his local authority was in breach of the 2014 Care Act because it cut his care package has lost a landmark case in the Appeal Court.
The Care Act makes local authorities responsible for an individual’s independence and wellbeing and Luke Davey, 41, said Oxfordshire County Council had not fulfilled this duty. The judgment is expected to set a precedent for similar cases.
The local authority had proposed cutting Luke’s care package by 42 per cent. Luke, who is registered blind and is wheelchair dependent needs help with all his personal needs.
Some of his care package came from the Independent Living Fund and when it closed in June 2015, the local authority proposed reducing it from £1,651 to £950 a week. Following the reduction, he could no longer fund the team of personal assistants who have supported him for the past 23 years.
Local authorities took over responsibility for those who benefitted from the ILF and received additional funding to meet the cost, but this was not ring fenced.
Luke lost his challenge in the High Court earlier this year after Justice Morris dismissed the case, saying it was understandable that he and his family had objected to the cut but there was no ‘relevant legal error’ in the council’s actions.
Demonstrators representing people with disabilities protested outside the Appeal Court following the decision.<< Back