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Hammersmith & Fulham Coalition against Community Care Cuts
Press release December 23rd 2008
“New Year poverty looms for disabled and older people in Hammersmith & Fulham thanks to recent legal judgement”
HAFCAC, was deeply disappointed by the outcome of the recent Judicial Review, heard in the High Court of Hammersmith & Fulham Council’s decision to introduce charging for essential home care services for disabled and older people from January 1st 2009.
HAFCAC is a campaign group led by disabled residents in the London Borough of Hammersmith & Hammersmith.
Many local residents who rely on community care services to live independent lives will feel the impact of this decision across the Borough.
Three local disabled people who use Community Care services and who were likely to be affected by the decision had instructed solicitors from the Public Law Project (PLP) who advised them that the decision to introduce the charges was unlawful.
In giving judgment on 19th December 2008, the judge, Sir Michael Harrison, said that he was satisfied that the Cabinet had had sufficient regard to the broken manifesto promise, to not introduce charging, for the decision to be lawful.
In relation to the council’s assessment of the impact of its decision, the judge (unusually) indicated that there were aspects of the decision making process that could rightly be criticised, but held that the assessment was good enough not to be unlawful. Costs were not awarded to the Council. The judgment was given orally, and a copy of the written judgment is expected in the New Year.
Hammersmith & Fulham Council has previously had a fine tradition of supporting disabled and older people, which is to be applauded. But the changes being introduced can only have negative consequences for local people whose life chances are already restricted.
David Webb, a local disabled person said “These charges will have a serious impact on many people who already face barriers in securing a reasonable quality of life. The savings that the Council will make through charges are actually quite a small part of the Borough’s overall budget. It could make the necessary economies in other ways, and if it were really concerned about its older and disabled residents it would have looked more closely at its budget and at reducing waste and inefficiencies.
This is a Council that has cut Council tax since 2006; year on year by 3% claiming this is being achieved solely by being more efficient. This policy clearly shows that claim to be false. This is a deliberate attempt to further impoverish local disabled people.
Kevin Caulfield, Chair of HAFCAC said:
We are not talking about charging disabled people for having luxuries – the services/support in question assist people to meet basic human needs such as having a shower and going to the toilet. Basic needs that the rest of the community would view as absolute human rights and not conditional on paying an invoice.
This judicial decision sadly demonstrates that institutionalised discrimination against disabled and older people that require independent living support is alive and well. Discrimination upheld by our legal system and underpinned by poor policy from central government.
The result leaves groups of disabled people who need essential support at a significant disadvantage in relation to our non-disabled peers. Both policy and law need to change.
Subject to detailed consideration of the written judgment, the three disabled residents intend to appeal in the New Year.
Happy New Year to all HAFCAC’s supporters.
For more information contact:
Hammersmith & Fulham Coalition against Community Care Cuts
HAFCAC: PO Box 57168, London, SW6 7UW Telephone: 07899752877 Typetalk 18001 07899752877Email hafcac@hotmail.co.uk
Public Law Project (PLP) is a national legal charity, which aims to improve access to public law remedies for those whose access to justice is restricted.
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