Archives for posts with tag: wellbeing principle

Survey shows that only 1 in 4 social workers feel England’s adult social care system is ‘fair and safe’, due to devastating funding cuts.

Source: Social workers blow the whistle on ‘unfair and unsafe’ adult care system

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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 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

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