Legal challenge to care packages cuts

A council’s attempts to cut care packages for disabled children by
25 per cent will be challenged in a collective action by the
children in the High Court next week.

The children are seeking a judicial review of Bury Council’s
decision to cut care packages, as well as to cut funding to a
resource centre.

The children’s solicitor Yvonne Hossack said a whistleblower had
provided evidence that the council had not taken the advice of an
external adviser who said it should look at bringing out-of-area
referrals back into area, as well as advise them to claim the
higher rate of disability living allowance.

The court case will therefore allege the advice was rejected and
that the adviser was told to implement the cuts.

Hossack said: “We are alleging that he advised the council that
what they should do was look at other aspects before cutting care.
He was told he was acting outside his remit which was to cut care
packages.”

The case was originally brought on behalf of six children, and a
further 12 children are now being represented.

Although a judicial review cannot challenge the cuts themselves, it
would attempt to show the council had not followed proper
procedures in deciding to go ahead with them. Hossack said the
decision had been “finance-led and not needs-led”.

The case is due to be heard at the High Court on 18 May.