Archives for posts with tag: Care Act 2014

So not only is the UK Government ignoring directives from the UN, but also Court of Appeal judges in their decision to rule against Luke Davey and side with Oxfordshire County Council. Disabled people cannot count on the Government, the system of UK Justice and the Care Act 2014 over Luke Daveys case based on the Wellbeing principle. Lets hope the case is referred to the Supreme Court and where, hopefully, justice will prevail and Luke Davey will win his case and thereby not only justice for himself but also for all disabled people. If not what will become of all disabled people, perhaps they will continue to be treated as though they are residing in 3rd World countries and international aid may become available.

Currently this is a disgraceful state of affairs for disabled people to live reasonable lives in the UK and not have to beg to live.

Political Concern

Were these judges aware of the United Nations condemnationof current violations of disabled people’s human rights?

A severely disabled man has lost his battle in the Court of Appeal over cuts by a local authority to his care funding. Luke Davey, was seeking to overturn Oxfordshire County Council’s decision to reduce by 42% his weekly personal budget, which provided a 24-hour care package.  He is registered blind, uses a wheelchair and requires help with all of his personal care needs.

Luke with his mother, who is 76

The council proposed to reduce funding for his care package in June 2015 when the Independent Living Fund (ILF) was closed by the government

Mr Davey, who has quadriplegic cerebral palsy and is registered blind, argued it threatened his well-being and breached the Care Act

The judges were told at a recent one-day hearing that Mr Davey and others like him have…

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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.

Unbelievable cuts

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?

But on Friday 1 September, a judge agreed with Tory-led Oxfordshire County Council, ruling it hadn’t broken the law. BBC News reported that, in his written judgement, Lord Justice Bean said:

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.

An opportunity missed

Source: David Cameron’s former Tory council has just been given a free pass to ignore the law, and the UN | The Canary


A disabled people’s organisation (DPO) has intervened in a “hugely significant” court of appeal hearing that is set to decide how far the government’s Care Act protects disabled people’s independent living and well-being.

Inclusion London is the first DPO to intervene in a case involving the “flagship” Care Act 2014, while it will also be the first such case to be heard by the court of appeal.

To highlight the importance of the case, Inclusion London will hold a vigil outside the Royal Courts of Justice on Thursday (17 August), from 9.15am, to show the three judges the impact the case will have on disabled people’s lives.

The case has been brought by Luke Davey, a disabled person with high support needs, whose support package was “slashed” after the closure of the Independent Living Fund (ILF) in June 2015.

He lost his high court case earlier this year, after seeking a judicial review of Oxfordshire County Council’s decision to cut his support from £1,651 to £950 a week from May last year.

The council had decided both to increase the number of hours Davey spent without the support of his personal assistants (PAs), and reduce the rates of pay of his PAs.

His lawyers are now arguing that the care plan drawn up by the council should be quashed, while it should draft a new plan that takes into account the risks its decision poses to Davey’s wellbeing.

They will argue that the council is breaching the Care Act by suggesting that he can rely on volunteers or unpaid family carers if he wants to go out for longer than three hours at a time.

And they will argue that the council should have seriously considered the risk to Davey’s wellbeing if his long-established team of PAs broke up.

Source: DPO plans court vigil as it intervenes in ‘hugely significant’ Care Act case – Black Triangle Campaign


A judge has quashed a council’s decision to terminate a specialist residential care placement for a man with severe learning disabilities.

Source: Court quashes council’s ‘unlawful’ Care Act assessment


When Fair Access to Care Services was replaced with the Care Act Eligibility Regulations, the aim was to eliminate the ‘post code lottery’ of provision through the introduction national eligibility criteria.

Source: Care Act funding decision exposes flaws of eligibility criteria


My social workers seem to fear me and would rather give into “my demands” than sit around the table

Source: Do my social workers fear a clued-up service user?


Care England, a representative body for independent providers of adult social care, despite opposition from Essex Council, has obtained the Court’s permission to proceed with its Judicial Review proceedings against Essex County Council challenging the fee rates its pays to independent care home providers.

Professor Martin Green OBE Chief Executive for Care England says:

Care England is deeply concerned about the Council’s conduct towards the care home market within Essex and as a result, the sustainability of that market”.

The Judicial Review challenge brought by Care England seeks to challenge the lawfulness of the Council’s fee setting decision in respect of the Old Contract and its refusal to review the rates under the New Contract.  Care England believes the Council’s actions to date to be a breach of its responsibilities under the Care Act 2014.

Source: Care England secures Judicial Review against Essex County Council challenging care home fees | Care Industry News


Last week it was revealed a severely disabled man’s legal battle against a 40% cut to his personal budget had ended in failure. The High Court dismissed Luke Davey’s judicial review against Oxfordshire council. The judge acknowledged the cut could impose “unwelcome” limits on Davey’s life, but he ruled the council had acted lawfully and […]

Source: The care package changes testing the limits of the Care Act


Luke Davey brought the judicial review on the grounds Oxfordshire council’s decision to cut his support plan was in breach of the Care Act

Source: Disabled man loses ‘Care Act breach’ case in High Court


Your posting states how it should be and I welcome your post in that it may enlighten others, a welcome read, thank you

PROMOTING POSITIVE PARTNERSHIP WORKING

A little bit about myself first.  I am a 40 something mum, student and big fan of coffee.  I also work for a national learning disability charity as a support worker, and have  worked within health and social care for the past 7 years. I continually juggle all 3 of aspects, as I’m certain many other working student parents do. The aim of this blog is to add an individual and personal touch to one of the “partnership” units for the HNC Health and Social Care level 4 course I am studying, and of course to allow me to present my knowledge in a different way, rather than just on paper.  Whilst not completely informal, this blog will be less academic than a written essay as a way of appealing to readers.

Promoting Positive Partnership Working

The term “Partnership” is somewhat of a buzz word within the remit of health and social care currently.  This…

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