Family Law
'Biggest community care case for 15 years'
Following a ruling in 1997 by the House of Lords, councils in England can currently consider their resources when assessing the needs of disabled adults. But lawyers representing the charities say a council's budget should have no impact on the assessment of need.
The Supreme Court will hear that a severely disabled man - known as KM - and four charities will say care should be the same wherever a person lives.
Cambridgeshire County Council awarded KM about £85,000 a year, for care that a social worker estimated at £157,000.
If the appeal is successful, councils will have to reconsider how they assess the needs of disabled people.
"This is potentially the biggest community care case for 15 years," said Alex Rook, of law firm Irwin Mitchell.
He said the charities were seeking to "end the inequity of the current situation and determine once and for all that care needs are care needs, regardless of the local authority in question.
"Each of the charities firmly believe that a person's individual needs are the same regardless of whether they live in Hackney or Harrogate."
The four charities pursuing the case are Sense, the National Autistic Society (NAS), the Royal National Institute of Blind People and Guide Dogs.
COMMENTS
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02/03/2012 19:52:32
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