One of the last English local authorities to offer free home
care faces a judicial review over its recent decision to introduce
charges for the service.
A local campaign group is seeking to overturn Hammersmith and
Fulham Council's policy of charging users means-tested fees of up
to £10 an hour - with an option of increasing this to £12.40 -
before it comes into force on 1 January 2009.
Legal challenge
Solicitors from the Public Law Project, acting on behalf of
Hammersmith and Fulham Coalition against Community Care Cuts, will
challenge the west London borough's decision on two grounds: that
councillors were allowed a vote on the issue before the findings of
an equality impact assessment had been made available and that the
Conservative-controlled executive broke a promise made in 2006 not
to introduce charges.
The council promised to "vigorously defend" its decison and has
until 15 September to file its response to the High Court. After
that, the court will decide whether a full judicial review is
necessary.
Fine tradition
Kevin Caulfield, chair of the campaign group, praised the
council for its "fine tradition of supporting older and disabled
people". Until the decision was taken in June, it was believed to
have been one of only 3% of English councils to offer free home
care.
But he said the fees would force some vulnerable service users
into poverty, and prevent others from accessing vital services.
The group's solicitor, Ravi Low-Beer, said the council broke its
legal obligation to promote disability, race and gender equality by
failing to complete and disclose the results of an equality impact
assessment on the plan before the decision was taken to back
charging. He added that the charges would particularly affect women
and people from ethnic minorities.
Charges
Antony Lillis, the council's cabinet member for community
services, said charging for services "is not a prospect the council
welcomes and is a conclusion we have reached after much
consultation and deliberation".
He added: "Our charging system is in accordance with the
government's guidelines and means that only people who are assessed
as being able to afford it are charged."