Council faces legal challenge on home care

Katharine Quarmby

Hammersmith and Fulham council, one of the handful of local authorities that still offers free home care to disabled and older people, faces a judicial review from local disabled residents over its decision to bring in charges for such services.

Older and disabled people face fees of at least £10 an hour for home care, with no maximum limit. The changes are likely to affect hundreds of residents.

Kevin Caulfield, chair of Hammersmith and Fulham Coalition against Community Care Cuts (HAFAC), says members of the group are challenging the charges because the charges will “force many disabled and older residents into further poverty”.

He added: “We are not talking about charging disabled people for having luxuries – the services in question support people to meet basic human needs such as having a shower and going to the toilet. Needs that the rest of the community would view as absolute human rights.”

A local disabled person, David Webb, said: “The savings that the council will make through charges are actually quite a small part of the borough’s overall budget. It could make the necessary economies in other ways.”

Solicitors from the Public Law Project, acting on behalf of members of HAFAC,  has launched a claim for judicial review at the High Court, arguing that the decision to introduce charges is unlawful because the council should have considered the impact on disabled people before making the decision and that the borough was breaking a previous promise not to introduce such charges. The council has promised to defend the decision. A judgement is expected in 10 days.

Mr Caulfield said: “I think it has become culturally acceptable to allow council to restrict eligibility criteria so that it is seen as legitimate to forbid disabled people the support they need to live their lives...these issues affect disabled people everywhere.”

Sue Bott, director of the National Centre for Independent Living (NCIL), added: “There is a widening gulf between the national government theme of service-personalisation and disabled and older people’s experiences at local level of service cuts and price hikes like those in Hammersmith.

“NCIL supports HAFCAC’s campaign. At national level we are urging government to investigate the poverty and degradation that charges for services – and the reduction/withdrawal of support they result in – mean for disabled people and their families.”

Around 97 per cent of all English councils are now charging for home care services. A survey of 34 councils published this week by the charity Counsel and Care found that some users are paying as much as £18 per hour and that the average charge was £12.84.

The charity said the costs were "becoming unaffordable" for those who had to pay, and called for urgent change to the social care system. 

Stephen Burke, chief executive of Counsel and Care, called for a review of home care charging, and said: “Future reform of care and support must include charging procedures that are transparent and equitable, but most of all work to ensure a good quality of life for all those using services.”

A report by NCIL and the Coalition on Charging in June found rising care charges are putting older and disabled people at risk of not being able to afford to eat, heat their homes, wash or get essential support.

Ravi Low-Beer, the lawyer for the claimants, said: “I think it is a viable challenge. I don’t think that the council has acted lawfully. We haven’t seen the council’s position but introducing charges for home care services will affect disabled pepole and the council is under a duty to carry out an impact assessment and take it into account when they made their decision, which it didn’t do. If we win then the court will order the council to reconsider that decision."

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