Case to challenge council Maximum Care Policy for LTC

A teenager has been given permission to take Worcestershire County Council to a full Judicial Review over the use of a Maximum Expenditure Policy

The policy places a "Maximum Expenditure" cap on adult care budgets so that if the cost of living in the community is more expensive than living in residential care, the individual will either have to make up the difference themselves, or be left with no choice but to go into residential care.

It is believed to be the first time this policy has been employed by a Council in England and Wales when cutting social care budgets for vulnerable and disabled people.

Lawyers at Irwin Mitchell said the council failed to have due regard to its duties under the Equality Act when deciding on its ‘Maximum Expenditure Policy'. They also allege that the council has failed to undertake a lawful consultation.

A High Court judge granted permission for Irwin Mitchell and the teenager to take the matter to a full Judicial Review after the council refused to review their decision on the policy and re-consult.

Polly Sweeney, a public law specialist at Irwin Mitchell represents the Claimant, she said: "The policy is likely to have a significant impact on the ability of many disabled people within the region to live an independent life in the community.

"It is a huge concern that this policy seems to have been decided without proper regard to the impact on disabled people and I worry about how many other disabled people might be affected too.

"Not everyone wants, or needs, to live in full time residential care but many will be left with no choice due under the current policy due to having to meet some of the costs themselves."

More on PMI

Helen Dick Senior Manager Claims & Underwriting Strategy @ Scottish Widows
PMI

Industry Voice: The value of the added value.

Scottish Widows' Helen Dick discusses why we should rethink about the benefits of protection

Scottish Widows
clock 25 November 2021 • 3 min read
Neville Koopowitz, CEO of Vitality
PMI

Neville Koopowitz: What we really mean by 'Shared Value' health insurance

‘Our core purpose is more relevant now than ever before’

Vitality
clock 19 November 2021 • 4 min read
Women In Protection & Health Awards 2022: Full list of nominees revealed

Women In Protection & Health Awards 2022: Full list of nominees revealed

Championing Diversity & Inclusion

COVER
clock 16 November 2021 • 7 min read

Highlights

COVER Excellence Awards 2021: All the winners revealed!

COVER Excellence Awards 2021: All the winners revealed!

Leading With Distinction

COVER
clock 03 November 2021 • 2 min read
COVER Excellence Awards 2021: The Night in Pictures

COVER Excellence Awards 2021: The Night in Pictures

A photo gallery from COVER Excellence Awards 2021, held at The Brewery, London, on 2 November.

COVER
clock 03 November 2021 • 1 min read
Gosia Bowling: The role of behavioural science in creating a menopause-friendly workplace

Gosia Bowling: The role of behavioural science in creating a menopause-friendly workplace

'The key to supporting menopausal women is creating a culture in which conversations are welcomed and expected'

Gosia Bowling
clock 02 November 2021 • 6 min read