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Mencap has accused Bradford Council of putting a "tax on disabled people" following its decision to prosecute to recover payment for essential day care services.

The charity, which was contacted by three families who were worried about letters they had received giving them 14 days to pay or face prosecution, believes Bradford is the first council to take such action.

Mencap district officer Paul Smithson said: "It is unfortunate that people who have been assessed as needing help in order to fully participate in society have to pay for the privilege. But they should be aware Bradford does have an appeals process."

Head of mental health and learning disability Chris Bielby defended the council's charging policy, which was introduced in 1996. He said it had been "commended by the Audit Commission as one of the best in the country because it is based on the ability to pay".

But Smithson said that the council's Audit Commission commendation had been for the administrative side of its charging system, which meant service users were kept up to date with how much they owed. However, the people threatened with court action were not sent a bill so they had no idea how much they were being charged.

Bielby said that the decision to go to court was "very much a last resort".