A Court of Appeal judge has thrown out a case against Oxfordshire County Council, the borough in which David Cameron’s former constituency sits. And in doing so, he has effectively given local authorities a free pass to override both national law and the recommendations of the UN.
As The Canary previously reported, on Thursday 17 August the Court of Appeal was hearing the case of Luke Davey. In November 2016, a judge had granted the 40-year-old from Oxfordshire a judicial review against the council. This followed its 42% cut to the amount he received to pay for his care and support. Davey has quadriplegic cerebral palsy, is registered blind, and requires assistance with all of his intimate personal care needs.
Davey’s case was a legal first, because his lawyers used the Care Act 2014 to argue that the council had broken the law.
The establishment sticking together?
It is understandable that the claimant, Mr Davey, and other members of his family objected to the updated needs assessment, which has resulted in a substantial reduction in the level of the claimant’s personal budget. I have great respect for the manner in which the claimant, his family and his team of carers cope with his difficult situation. But that is not the same thing as holding that the council’s actions have been unlawful.