Battle over adult care cuts heats up as claims against two councils reach High Court

The High Court is this week hearing separate judicial review challenges over two local authorities' planned changes to their adult care provision.

A claim against Manchester City Council began yesterday at the Civil Justice Centre in Manchester, while the Isle of Wight case started today at the Royal Courts of Justice. Both cases were expected to last two days.

Manchester had decided to cut its budget by £39m, which the claimants' lawyers – Irwin Mitchell – argued had left many people confused and worried over whether they would be eligible for care.

The claimants are a 72-year-old man who is paralysed on his left side, suffers from epilepsy and is reliant on others for his 24 hour care, and a 78-year-old woman who suffers from memory loss, a severe brain injury, degeneration of the spine and breast cancer.

They are facing the prospect of reductions to their care once the budget cuts are implemented, according to Irwin Mitchell. The law firm said thousands of disabled people would lose all or part of their social care packages if the cuts go ahead.

The law firm was expected to challenge the lawfulness of Manchester’s decision-making at the hearing, arguing that it had failed to follow government guidance.

Mathieu Culverhouse, solicitor in the public law team at its Manchester office, said: “We have asked the council to put on hold the implementation of these budget cuts and re-consider its allocation of funding once a lawful consultation process has been undertaken.

“This process should include the production of a lawful disability equality impact assessment which sets out the impact on disabled people of the budget cuts and a consultation which clearly sets out how the council proposes to implement any cuts.”

According to Culverhouse, Manchester had refused the request, leaving his clients with “no other option” than to launch proceedings.

A spokesman for the local authority said it would not be commenting on the case until judgment is handed down.

Irwin Mitchell is also advising the claimants in the Isle of Wight case. This challenge came after the council decided to adopt a new adult care eligibility threshold as of April 2012, under which it will only meet the care needs of either individuals with critical needs or those with substantial needs who are considered to be at greatest risk of not being able to remain at home safely.

Both claimants in this case are 32 years old and disabled, requring 24-hour care from their family and the authorities.

Alex Rook, Associate Solicitor at Irwin Mitchell, said: “The families of both the claimants in this case are extremely concerned about how the change in policy will affect them, as are many other people in the disability community.

“They are concerned that there are failures in the consultation process and a lack of clarity as to what the council’s position actually is. Though the council have accepted that some of the most disabled people in the Isle of Wight have had their services cut many wait to see how they will be affected. The court will hear argument on whether the change in policy and the budget cut decision by the Isle of Wight Council was lawfully made.”

Philip Hoult