Cornwall Council loses appeal hearing (From Falmouth Packet)

Cornwall Council loses appeal hearing

3:25pm Tuesday 9th February 2010

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A Court of Appeal’s decision in a case against Cornwall Council has opened the door for up to 200 learning disabled adults living in Cornwall to be refunded payments towards the cost of care.

Yesterday, Court of Appeal dismissed the council’s appeal against a High Court order made in March last year, in that deciding to charge ‘B’ £68.50 per week out of his benefit income, the council had acted unlawfully. The Council will also have to pay the costs of the litigation, could be as high as £100,000.

In his judgement given in the Court of Appeal, Lord Justice Waller stated: “This was a decision to make a charge which was fundamentally flawed. The authority did, it seems, offer an apology for the way in which they acted but did not offer to start again in order to put matters right.”

The person involved whose identity is protected by a court order, is a middle aged, learning disabled man who lives in Cornwall. In May 2008 the council calculated that due to his low income and disability needs, he would not have to contribute towards the cost of the care services that the council provided to support him. In July 2008 the council reassessed and this time concluded that he should pay £68.50 each week from his income, that was made up of Income Support and disability benefits.

Having decided that the Council had acted unlawfully, the High Court Judge quashed that decision. When doing so, the Judge indicated that he regarded parts of the Council’s charging policy to be unlawful and criticised the council for having undertaken the charge assessment without first having assessed the man’s care needs properly.

The person concerned was one of 200 learning disabled adults living in Cornwall who, up until 2008, were cared for by the Cornwall Partnership NHS Trust. In the aftermath of the Healthcare Commission report into the trust’s services, which criticised both the trust and the council, the Council took over responsibility for ensuring that B and the 200 others were cared for properly.

Unlike the NHS Trust, the council has the power to charge for some care services. However, in March last year a High Court judge questioned whether in exercising that power the council had acted lawfully, concluding: “I am quite satisfied that they did not.”

After judgment yesterday, Follett Stock’s Richard Scrase said: “This is another very significant decision for B, (the reference given to the man) his parents, the 200 other people whose circumstances are similar to B’s and, therefore, a very significant decision for the council.”

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