Council has failed to promote equality for disabled and older people
- 09 Nov
The High Court has found that the council has failed to promote equality for disabled and older people in setting rates for care homes by not considering the impact of home closures.
Devon Council increased fees by an average of 6.6% in 2012-13, following two consecutive years of fee freezes and resulted in local care homes raising this with the high court.
Judge Milwyn Jarman QC concluded that the consultation process was "a fair one which gave a sufficient opportunity for a meaningful response", and the way that it calculated the costs faced by providers was "based on tenable reasoning".
However, he said that the decision was reached "without the necessary due regard to the need to eliminate discrimination against and to promote equality amongst elderly or disabled residents".
Consequently, the judge said that the fees decision "should not stand" and asked for a remedy to be agreed by the two sides.
The council proposed to conduct another, more detailed equality impact assessment of the decision and, on that basis, conclude whether or not the current fees should be revised, by 28 November. This has been agreed, and pending this process, the current fees will remain in place.
Both providers and council claimed victory after the case.
Alan Beale, managing director of South West Care Homes, said:
We are very happy with the outcome. We brought this action reluctantly, because we were exteremely concerned for the welfare and safety of the vulnerable people in care homes in Devon.
But the council pointed to the small number of homes represented in the challenge and the fact that two of the three grounds of the challenge had failed:
The judgement shows clearly that the model we used was rational, took into account the level and quality of care, and that we consulted widely before implementing the decision.
Source: Community Care
Image source: http://www.morguefile.com/archive/display/17433
- 26 Aug
Adults with vulnerabilities in custody are not receiving appropriate support
A report commissioned by the Home Office has said that lack of awareness and a shortage of trained volunteers means police often go ahead without on present, reports the BBC.Home Secretary Theresa...
- 11 Aug
Chief inspector warns cuts are affecting adult social care
Andrea Sutcliffe has said that many carers ended up being "the sort of care worker you wouldn't want them to be", reports the BBC.Adult social care budgets have been cut by £4.6bn since 2010 - a 31%...
- 04 Jun
Social care services for adults struggling due to budget cuts
There is a £1.1.bn shortfall to councils in England warns the Association of Directors of Adult Social Services, and freezing care provider fees to save money is no longer sustainable, reports the...
- 03 Jun
People with vulnerabilities left at risk by policy makers
‘Solutions from the Frontline’, published by a coalition of charities looks into the ideas and experiences of service users. It investigates how the new government along with national and local...
- 20 Apr
Social landlords in Wales hope to save the NHS £1.7m
The savings will come from housing 33 patients under the care of the Aneurin Bevan University health board, through a project called ‘In One Place.' This project places patients who have a mental...
- 17 Apr
New supported housing service for people needing care after hospital
The service will provide supported accommodation for people who no longer need specialist medical care, but who are no longer able to return home due to changes in their home care needs. It is hoped...
- 15 Apr
Proposal for an extension on the integration of health and social care in Staffordshire
Staffordshire County Council wishes to agree on a new deal which will help to improve integration between health and social care for its residents, reports ITV.The deal, if agreed, will extend the...
- 17 Mar
Older people and people with disabilities finding it hard to get state funded care
Social services leaders are warning that many people with disabilities or older people with care needs are facing the challenge of having to pay for their own support at the end of the next...
- 11 Nov
The number of people using food banks has risen by 1,468%
Latest figures by the Trussell Trust show that 913,138 adults and children have received three day's emergency food and support from its food banks over 103/14 which is an increase of 346,992 since...
- 30 Oct
Support for patients with vulnerabilities with eased pressure on hospitals
Teams of social workers and NHS staff will soon become available seven days a week under new care plans, reports the BBC.Ministers are predicting that pressures will ease on hospitals from April once...
Responding to the DWP Consultation: Housing Benefit Reform - Supported Housing "I thought this briefing was very good and very useful. The presentation was clear, well argued and I always find Michael gives me food for thought even if I don't agree with everything he says. I really like the way he facilitates a discussion in the room and I learn as much from other participants as I do from the presenter which is always good. Right length, right tone." R.P. - Richmond Fellowship