Davey Case – Court of Appeal judgement on Independent Living due 1st September

Photo: Protestors outside the Davey Case hearing on 17th August 2017. 

Tomorrow the Court of Appeal will deliver its judgement in the case of a Disabled Man whose support has been slashed, while the UN again criticises the UK over violations to Disabled people’s rights      

Place: Royal Courts of Justice, Strand, London WC2A 2LL

Time: 10.30am

Date: Friday 1 September 2017

Tomorrow, 1 September, the Court of Appeal will deliver its judgement in the a case of R (on the application of Davey) v Oxfordshire County Council).  This is the first case under the Care Act 2014 to reach the Court of Appeal and is critical in determining how far the legislation supports Disabled people’s well-being, choice and control and independent living. (1)

The case was brought by Luke Davey, a Disabled person with high support needs, whose support package has been slashed after the closure of the Independent Living Fund (2).  The Equality and Human Rights Commission and Inclusion London (3) both intervened in the case, which highlights the situation many Disabled people are going through at the moment with care packages being cut to the bone by cash strapped Local Authorities.

The judgement will follow Concluding Observations from the UN Committee on the Rights of Disabled People published today, which raise serious concerns over how the UK is going backwards in upholding Disabled people’s right to live independently and be included in the community. (4)

Anne Novis MBE, Chair of Inclusion London said: “Many Disabled people need social care support to do some of the basic things in life that many non-Disabled people take for granted.  Without adequate levels of support more and more Disabled people are existing not living – trapped at home without support, choice or control, excluded from participating in, and contributing to, community life. Although The Care Act and the introduction of the wellbeing principle were meant to transform social care and put us and our wellbeing at the centre of the process, we know it does not happen in practice.   Disabled people tell us their support packages are being cut to the bare minimum and their views don’t matter.  Such cuts leave Disabled people at risk of harm, and cause emotional, physical and mental distress. We hope the judges will hear our concerns.”

Disabled people will gather outside the court as the judgment is handed down in solidarity with Luke and the hundreds of thousands of Disabled people affected by the crisis in social care.

For more information and to arrange interviews please contact Svetlana Kotova: Svetlana.kotova@inclusionlondon.org.uk 07853246229

Notes to Editors

(1) The initial decision in the Davey case could be found herehttp://www.bailii.org/ew/cases/EWHC/Admin/2017/354.html

(2) The Independent Living Fund was closed in June 2015 with responsibility for meeting the full care and support needs of Disabled people transferred to Local Authorities and the devolved administrations. Evaluations of its closure have revealed a dramatic post code lottery with some English Local Authorities making substantial cuts. Research carried out by Inclusion London looking at the situation for ex-ILF recipients one year after closure points to the lack of enforcement measures in the Care Act 2014 and due to the loss of entitlement to legal aid the difficulty people face in making a legal challenge against cuts:

https://www.inclusionlondon.org.uk/news/ilf-one-year-on/. The government’s own evaluation records serious negative impacts: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/584417/independent-living-fund-post-closure-review.pdf

(3) Inclusion London intervention was supported by Deighton Pierce Glynn.  Inclusion London is a London-wide Deaf and Disabled people’s organisation. We promote equality for the capital’s 1.2 million Deaf and Disabled people and provide capacity-building support to London’s Deaf and Disabled people’s organisations. For more information: www.inclusionlondon.org.uk.

(4) See paras 44 and 45 here: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=1158&Lang=en