Disabled man appeals High Court decision over care package cut

Luke Davey’s case was dismissed earlier this year after the judge found “no legal error” in Oxfordshire council’s decision to cut his personal budget

By Rachel Carter on July 18, 2017 in Adults

Description_of_image_used_in_councils_risk_heavy_costs_from_not_taking_steps_to_promote_capacity_file_in_cabinet_titled_court_decisions_tashatuvango_fotolia

Photo: tashatuvango/Fotolia

A disabled man who lost a High Court challenge over cuts to his care package will have his case heard in the Court of Appeal next month.

Luke Davey’s case was dismissed by Justice Morris earlier this year, who found no “relevant legal error” in Oxfordshire council’s decision to reduce his weekly personal budget by 42%.

Davey, who has quadriplegic cerebral palsy and is wheelchair dependent, had argued that the council had breached its Care Act duties to promote his wellbeing. He said the care reduction posed a direct risk to his wellbeing because it could mean he would spend more time alone, which would cause him anxiety, and also risked losing his care team of 18 years.

Free legal learning on the Care Act

Alex Rook will examine the implications for practice of case law under the Care Act and provide advice on responding to challenges to your decisions, at this year’s Community Care Live London.
His session forms part of our new Legal Learning Hub, providing a one-stop-shop for all your training on the law. Register now for your free place at the event, on 26-27 September.

He is appealing on the grounds that the judge made “very significant errors” when rejecting his argument that a risk to his wellbeing would arise if his team of personal assistants broke up because of the proposed reduction in their pay, terms and conditions.

Justice Morris dismissed this argument for two reasons. He concluded there was “no sufficient evidence” that the changes in pay and terms and conditions had, or would, result in a break-up of the team of personal assistants, and that the council had considered that such a change would actually be positive for Davey and his emotional wellbeing.

Davey will argue that nowhere in his assessment and care plan did the council suggest it held this view, and that there is evidence that it accepted a change in his care team would pose considerable risks to his wellbeing. He will also argue that, in reaching his conclusion, the judge made statements about the law that are “wrong or liable to be misunderstood”.

The case will be heard on 17 August.

More from Community Care

Social work bursary delay ‘creating instability and stress’ for students

Social workers alert Hunt to dangers of mental health bed shortage

2 Responses to Disabled man appeals High Court decision over care package cut

Ruth Worley July 19, 2017 at 5:11 pm #

The team that support people are the most important for anyone’s well being. This mans team understand his needs, where he requires a number of support workers to meet his needs. The word team is just that a group of people who work harmoniously together to provide a service. It means if one person is off others will cover and the person is not put at risk by having gaps in his care.
This man has enough challenges in his life and has formed a team to provide support for his health and wellbeing.
I wish him all the best and if there is anymore I can do to support his application I would be more than Willing.
- Jasmine Davey August 5, 2017 at 12:10 pm #
  
  Thank you for your understanding Ruth.
  Luke is the youngest of our six children. He was born nine weeks early and a blood test which showed he had contracted cytomegalovirus in the hospital was mislaid until it was too late for the treatment to stop the damage it had caused.
  We were advised not to take him home, as the doctors thought it would be too much for us to cope with. We took him home anyway, and it was tough as my uterus ruptured during the caesarean section and had to be removed, but Luke was much loved by the whole family. Over time it became obvious although blind he had normal intelligence.
  He is 41 now and is extremely intelligent! He loves living independently and is very happy with his carers whom he has known for 18 years. I am 76 now and have lung cancer but my treatment is going well. I will continue to fight for Luke’s right to have the care he needs.