November 2017 – Care Act

The original budget had funded a 24 hour a day domiciliary care package that was long standing and provided both consistent and stable care. The council argued that the reduced budget would still enable his needs to be met on the basis that he did not need support for so many hours a day (and would allow him to develop his independence to have more periods during the day without support) and that the rate of pay given to his support staff could be reduced.

 

The appeal was on limited grounds relating to the evidence concerning rates of pay to support workers, an alleged failure by the council to consider the risk to the applicant if he had to make alternative care arrangements and the impact on his ability to engage in social activities if he was required to spend more time alone.

 

The appeal failed on the facts. The Court of appeal endorsed the findings of the previous hearing. It is the duty of the local authority to objectively assess the individuals needs. There is no duty to achieve the outcomes which the adult wishes to achieve, rather it is a duty to assess whether the provision of care and support could contribute to those outcomes. The councils belief that care staff could be recruited for a rate of £8 an hour was reasonable and a personal budget should according to statutory guidance reflect local market conditions.

Contrast       Font size