Press release
In January 2007 the London Borough of Hammersmith & Fulham announced a freeze in the increase of direct payment rates for disabled and older people for 2007/ 2008. Two local people who purchase their care via a direct payment instructed Leigh Day & Co solicitors to challenge the decision.
Chris Benson of the discrimination law team and Rosa Curling of the human rights team worked together on the case. They argued on behalf of the claimants that a freeze in the hourly rate of direct payments over time would amount to a cut in service. Such a cut in services could be unlawful without a re assessment of an individual’s needs under community care legislation and could have implications under the Human Rights Act.
They also asserted that the Council had also failed to consider disability equality and was therefore in breach of the Disability Discrimination Act 2005. It was argued that a freeze on direct payment rates would clearly have a significant effect on local disabled people and their ability to administer their own care packages.
Rudi Breakwell – Bos local direct payment recipient said “This decision appears to have been taken without any consideration of the needs of disabled people. We were not involved or consulted at all during the decision making process.”
As a result of Leigh Day & Co’s intervention the Council has now overturned its original decision and will award a 2% inflationary increase to direct payment rates in line with the Council’s own annual budget increase for other social services provision.
Sue Bott, Director of the National Centre for Independent Living commented “I am pleased that local people in Hammersmith and Fulham have been prepared to challenge their local authority's decision with a successful result.
I salute their efforts which show that disabled people can make a difference when we put our minds to it. It is no use just sitting at home and complaining. If we do not like decisions made about us we have to take action to challenge those decisions”.
For further information contact,
Chris Benson at Leigh Day & Co on 0207 650 1200
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