PRESS RELEASE: Disabled people intervene in the first case under the Care Act 2014 to reach the Court of Appeal

Disabled people intervene in the first case under the Care Act 2014 to reach the Court of Appeal

17^th August, Royal Courts of justice, Strand, London WC2A2LL

Vigil: 9:15am, Court hearing: 10:30am

On the 17^th of August the Court of Appeal will hear a case of R (on the application of Davey) v Oxfordshire County Council).  This is a first case under the Care ACT 2014 to reach the Court of Appeal.  This is a vital case that will determine how far the flagship Care Act 2014 goes to support Disabled people’s wellbeing, choice and control and independent living.

Disabled people want to make sure the judges understand the impact this case will have on their lives.  That’s why we intervened in proceedings and will hold a vigil before the hearing.

Inclusion London, a pan-London Disabled people’s organisation was granted permission to intervene in this case.  This intervention is ground-breaking: for the first time an organisation which is run and controlled by Disabled people intervened in a case that will determine future application of the flagship law.

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.

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 are intervening in this case, because we want to make sure the Care Act works for Disabled people as it was meant to.”

Louise Whitfield, Partner at Deighton Pierce Glynn said:

“This is a hugely significant moment, because Disabled people through their organisation are intervening in court proceedings to make their voices heard and ensure the law which was designed to transform social care works for them.  This case is likely to determine how the wellbeing duty, which was introduced by the Care Act, will be applied in practice and what difference it will make.”

For more information please contact Svetlana Kotova at Svetlana.kotova@inclusionlondon.org.uk

Notes

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.

The initial decision in the Davey case could be found here http://www.bailii.org/ew/cases/EWHC/Admin/2017/354.html

Inclusion London’s intervention was supported by our Disability Justice project, funded by the Baring Foundation.

The Baring Foundation is an independent foundation working to improve the quality of life of people experiencing disadvantage and discrimination. They aim to achieve this through making grants to voluntary and other civil society organisations and by adding value, including through promoting knowledge and influencing others