The claimants, two disabled elderly people acted through their sons as litigation friends to challenge the defendant local authority’s budget-setting and consultation processes in relation to adult social care services.
Specifically, the claimants contended that:
i) The defendant’s decision to reduce its budget for the division which provides adult social care by andpound;17m over the next two years, with andpound;8.8m of savings from frontline services, was unlawful because it was taken without due regard to the disability equality duty in section 49A of the Disability Discrimination Act 1995 (DDA 1995); and
ii) The defendant’s ongoing consultation on its ‘Revised Social Care Offer’ breached the common law duty of fairness because it lacked sufficient information as to the nature and consequences of the proposals to allow respondents to make an intelligent response.
Judges:
Ryder J
Citations:
[2012] EWHC 17 (Admin)
Links:
Local Government
Updated: 04 October 2022; Ref: scu.450501
