17 Aug Deighton Pierce Glynn intervene in first ever Care Act appeal case for Inclusion London
Inclusion London, a pan-London Disabled people’s organisation, represented by Louise Whitfield of Deighton Pierce Glynn intervened today in the Court of Appeal hearing on R(on the application of Davey) v Oxfordshire County Council.
Today marks the first time the Court of Appeal will hear a case under the Care Act 2014 and many believe it could have far reaching ramifications for a wider community of disabled people. In particular the case is likely to determine how the wellbeing duty, which was introduced by the Care Act, will be applied in practice and what difference it will make.
The appeal itself has been brought by Luke Davey against an earlier High Court Judgment in which Mr Justice Morris found that Oxfordshire County Council acted lawfully in its decision to reduce his weekly personal budget by 42%.
In support of Mr Davey’s appeal, Inclusion London’s legal submissions have focussed on the context and purpose of the Care Act 2014 with two key arguments. The first concerns the finding of Mr Justice Morris that when assessing the likely impact of cuts to Mr Davey’s care package on his wellbeing, Oxfordshire are not compelled to make “judgements about the future”. The second questions Mr Justice Morris’ reliance on Oxfordshire’s assertion that the availability of volunteers or family members meant that Davey would get the care he required.
The Equality and Human Rights Commission are also intervening in the appeal and have presented arguments relating to the proper framing of the Care Act which they say “represents a re-focusing of the statutory framework for the provision of adult social care, in accordance with the UNCRPD and in particular Article 19, which puts the disabled person at the centre of all decisions”.
Louise Whitfield a partner at Deighton Pierce Glynn explains that: “This is a hugely significant moment, because Disabled people through their organisation are intervening in court proceedings to make their voices heard and ensure the law which was designed to transform social care works for them.”
Anne Novis, chair of Inclusion London, said the charity was intervening in the case because it wanted to “make sure the Care Act works for disabled people as it was meant to”.