Council faces legal challenge for suspending Care Act duties

Derbyshire council is facing legal action over its decision to suspend significant duties under the Care Act 2014 as part of its response to coronavirus.

The council has been given until Monday (11 May) to respond to a letter from solicitors to provide evidence justifying its decision, or face a judicial review claim.

Derbyshire is one of eight authorities to have enacted the so-called Care Act easements – which allow councils to suspend assessments, care planning and reviews, and limit their duties to meet needs to cases where there would otherwise be a breach of human rights – during their first month of operation.

It said it had used the easements – brought in on a temporary basis under the emergency Coronavirus Act – to suspend, reduce or change some “non-essential homecare services” for people who have support from family or friends, the arrangements had been agreed with those concerned and would be regularly reviewed.

However, law firm Rook Irwin Sweeney, which is acting on behalf of a Derbyshire resident, said the council had not provided any evidence about how it had followed guidance on the use of the easements issued by the Department of Health and Social Care, which councils are under a duty to follow.

The guidance states that a local authority “should only take a decision to begin exercising the Care Act easements when the workforce is significantly depleted, or demand on social care increased, to an extent that it is no longer reasonably practicable for it to comply with its Care Act duties (as they stand prior to amendment by the Coronavirus Act) and where to continue to try to do so is likely to result in urgent or acute needs not being met, potentially risking life.”

Alex Rook, partner at Rook Irwin Sweeney, said: “We’ve not seen from Derbyshire or the other authorities [using easements] any information that says this threshold has been met. And the information from Derbyshire to service users and their families on their website is incredibly thin.

“If you were a recipient of adult social care in Derbyshire you would want to know what you are facing but it’s impossible to know.”

Rook said the only thing that he had seen published by Derbyshire was a short statement on its website (see box).

A spokesperson for Derbyshire council said: “These temporary changes are designed to help us respond quickly to the pandemic and enable us to ensure Derbyshire’s most vulnerable residents are supported.

“Following an assessment of all clients, we have suspended, reduced or changed some non-essential homecare services in line with changes to government legislation for those people who have support of family and friends.

“These arrangements have been agreed with everyone affected and will be reviewed regularly to ensure people can continue to manage with the reductions in their support packages.”