A decision to restrict eligibility to community care services on the Isle of Wight has been overturned by a high court judge and considered unlawful – a small victory to the disabled under the council’s care.
The Guardian reports:
“Previously, the council had allocated care assistance to adults assessed to be at critical or substantial risk, the top two levels of a four-tier system. But in February the authority, facing a £33m funding gap after central government cuts, voted to restrict this to those at critical risk. The council argued that the high percentage of retired people on the Isle of Wight made it particularly vulnerable to social care costs.”
The legal action was brought on by the lawyers of two 32-year disabled men, both severely autistic and dependent on the council’s care services.
The council agreed to comply with the ruling and said they would not be appealing the court’s ruling.
The Isle of Wight is not the first local authority whose attempt to cut disability services has been considered unlawful. In May 2011 Birmingham City Council was also found to have failed to comply with the Disability Discrimination Act.