Simplified Read of Pre Judicial Review case on carer & disabled holiday costs

 

Case: re Holiday costs for parent carer (mother)  and sons pre judicial review application successful case is:

 https://www.bailii.org/ew/cases/EWHC/Admin/2021/3368.html

 

If a person is not happy and they want to go  to court, they can ask a judge to look at the decision that the council made. Before going to court another judge looks at it to see if it should be allowed. Judicial reviews only happen if the courts think it’s very important.

 

The mother said some of the decisions made by the council were wrong so she applied to get permission for judicial review through the court.

 

Social care withdrew funding for holidays (notified on 3 March 2020); and stopped the direct payments which were being used for the outings and recreational activities (notified on 12 November 2020). 

 

Two disabled brothers age 36 & 38, with mother as carer. Both with autism and learning difficulties + other health issues.

 

In the past brothers visited a day centre, where they received abuse, left them not being able to trust people.

 

Both previously received money for community visits (day centre) and holidays. Noted in assessment and detailed in care plan. When abuse occurred no longer went to day centre and money was increased. Would only go out with mother.

 

Council said could use money for and in plan:   have membership to the National Trust, RSPB, Photoshop and Zoo passes. Also entrance fees to castles and attractions that are not covered by these memberships. Including need for transport and importance of mother being there due to abuse.

 

Assessment was reviewed twice with similar findings.

Case was out of time limit (normally have to apply within 3 months) but judge thought it was important so allowed it to go ahead.

 

Judge looked at importance of not just need but meeting wellbeing principles. Discussed and the duty this imposes on local authorities. Mentions flexibility, and that some wellbeing needs may be more relevant. The need for looking at people individually important and not just standardising things.

 

The Care Act says holidays in the right cases, should be allowed, a holiday for an adult in need and/or a carer. As they allowed it before and allowed it in another case before in Yorkshire.

 

Legal guidance from Care Act also mentioned with regard to assessments, not just for person but carer as well should have one.

 

Mother claimed care plan was wrong and that the Council should be made to do a new care and support plan, which included support for recreational activities and holidays.  She argued:

 

1)         That by law they had to, continue to provide money support for going out and holidays,

2)        Stop themselves by not looking at whether it should continue to provide money support for going out and holidays.

 

3)         Did not ask doctors if they should stop such payments

 

4)         Decided unfairly and not reasonable to just take money and help away

 

5)         Could have (according to rules) but didn't look at doing continue to provide support for going outs activities and holidays; 

 

7)   Didn't give reason as to why carers couldn't not be paid to go on holiday as well

 

Judicial review Allowed on (1), (2) & (5) as both similar and judge couldn’t find a good enough reason in law for council not doing it. 

 

Other grounds not found relevant or removed ground (7) had been already agreed by so didn't need to make a decision on

 

This means that the mother can go to court to argue her case based on parts 1, 2 & 5. We now have to wait for another case to look at it again to see who's right and wrong, this will be the judicial review. 

29- July 2022    Since I wrote this the judical review has occured and the mother has won. The authority Suffolk tried to appeal and  lost its appeal.