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."
