R v Isle ofWight Council [2011] EWHC 2911

December2011

Adrian Waite of ‘AWICS’ wasasked to assist as an expert witness in support of the claimants in the case ofR v Isle of Wight Council. This paper summarises the case.

The Claimant’s challenge relatedto the Local Authorities consultation and decision to restrict eligibility foradult social care to those with ‘critical’ needs and those with ‘substantialneeds that place people at greatest risk of not being able to remain at homeand be safe’ with the intention of making savings from its Adult Social Carebudget.

The Claimants contended thatthe consequence of this would be that the needs of the Claimants (in part) andother severely disabled people who fall within the ‘substantial’ eligibilityband would no longer be met. The claimants were represented by Irwin Mitchell(solicitors) and Doughty Street Chambers (barristers).

While the case principallyrelated to whether the Council had discharged its duty to consult adequatelyunder the Disability Discrimination Act; it also related to whether the Councilhad been obliged to restrict eligibility because of the local governmentfinancial settlement or whether it chose to use its discretion to limiteligibility.

For full briefing paper pleaseclick here.