Disabled rights campaigners win High Court victory over Harrow Council

Disability rights campaigners claimed an important legal victory today when the High Court declared that a local council acted unlawfully in deciding to tighten up its adult care eligibility criteria to meet "critical" needs only.

This meant withdrawing services from those who had "substantial" needs.

Judge David Mackie QC ruled that the London Borough of Harrow had decided to introduce its new policy earlier this year without sufficient consideration of "the seriousness and extent of the duties which it owed under the 2005 Disability Discrimination Act".

The council will now have to reconsider its position in the light of today's High Court ruling in London in three test cases involving local residents receiving community care services.

Some 500 other people are affected locally, and the ruling is expected to have a widespread impact up and down the country on cash-strapped councils seeking to make savings by cutting back on care services, hitting many whose quality of life depends on them.

 Figures obtained by the charity Mencap reveal that nearly three quarters of councils in England are restricting social services support by only providing care to those people with very high levels of need.

This has meant that thousands of people who need help with tasks such as washing or dressing have faced exclusion from qualifying for assistance.

The Public Law Project (PLP), which brought the case on behalf of the disabled service users, welcomed the court's decision that Harrow had failed to have due regard to the need to eliminate discrimination against disabled people and to promote equality of opportunity.

The judge said: "There is no evidence that this legal duty was drawn to the attention of the decision makers".

The PLP said in a statement: "The council will now have to reconsider the issue ensuring that they meet this fundamental duty and protect the rights of disabled people when deciding whether to go ahead with the new policy or not."

Among the groups who supported today's successful legal challenge were Mencap, Mind, Age Concern and also Harrow Rethink Support Group and Harrow Association of Disabled People.

After the ruling, the Learning Disability Coalition said it was "delighted" and stated that the judgment "sets a positive precedent for future cases".

"All councils will now have to consider proactively the needs of people with a learning disability when deciding whether to restrict access to social care services," it said.

"Limiting the provision of social care to those who have critical needs is putting very vulnerable people with severe needs at risk."

Dame Jo Williams, chair of the Learning Disability Coalition and chief executive of Mencap, said: "This whole case raises questions about the very existence of eligibility criteria and whether it is compatible with the areas of the Disability Discrimination Act that set out to safeguard the rights of people with a disability.

"There has to be a system that allows people with a learning disability to get the individual support they need to lead an ordinary life."

The PLP said the three individuals who brought today's case were not in supported living accommodation, and the council's decision would cut their access to services in the community and threaten their independence.

They are Priti Hansraj Chavda, who has mental health and back problems and is assessed as having substantial needs; Margaret Fitzpatrick, an 81-year-old widow who lives alone and has been housebound for the last two years with various illnesses and disabilities; and Milton George Maos, who suffers from depression, anxiety and phobias.

The three are among some 3,500 current users of Harrow's care services.

Harrow Mencap described the withdrawal of services to about 100 users as having a devastating effect on the individuals and their carers.

Harrow Age Concern warned that an increasing number of older people faced the prospect of a very poor quality of life as a result of the council's policy.

Andy Rickell, an executive director of Scope, added: “Scope believes this High Court ruling in Harrow is a major victory for disabled people’s right to get the support they need to live independent lives.

"We hope this case will set a precedent and encourage other disabled people to challenge decisions that deny them essential support - and make other local authorities revise their policies on funding social care services.

“The welfare state provides a basic right to education and health but access to social services support is left out of the equation.

"Central government must ensure it increases funds to local authorities to specifically support disabled people’s basic right to this kind of provision. Without it disabled people cannot participate in work, education or social life.”