A severely disabled man has lost his battle in the Court of Appeal over cuts by a local authority to his care funding.
Luke Davey, 41, was seeking to overturn Oxfordshire County Council’s decision to reduce by 42% his weekly personal budget, which provided a 24-hour care package.
Three appeal judges ruled the council had not acted unlawfully.
Severely disabled man Luke Davey and his mother Jasmine outside the Royal Courts of Justice in London ( John Aston/PA)
The judges were told at a recent one-day hearing that Mr Davey, who has quadriplegic cerebral palsy, and others like him have been seriously adversely affected by Government changes to the care funding system.
Critics of the Government say Mr Davey’s case illustrates how disabled people are suffering because ministers axed the independent living fund (ILF) in 2015 but failed to ring-fence sufficient money for the disabled under the new Care Act 2014, which makes cash-strapped local authorities responsible for funding all care needs.
Mr Davey, who is registered blind, attempted to overturn a ruling by High Court judge Mr Justice Morris which went against him.
The Royal Courts of Justice (Andrew Matthews/PA)
Lord Justice McFarlane, sitting with Lord Justice Bean and Lady Justice Thirlwall, rejected the bid, saying: “Like (Mr Justice Morris), I have great respect for the manner in which the claimant, his family and his team of carers cope with his difficult situation.
“But that is not the same thing as saying that the council’s actions have been unlawful.”
Mr Davey and his lawyers were given until September 18 to consider whether they wish to apply to the Supreme Court for permission to make a further appeal.
The Davey case is believed to be the first to analyse key issues on care planning under the Care Act. Protesters, many in wheelchairs, gathered outside the law courts when a one-day hearing was held on August 17.
Inclusion London, which supports deaf and disabled people’s organisations across the capital, staged the protest before the hearing.
The group’s chief executive Tracey Lazard said money and local authority assistance had previously enabled thousands of claimants to live independently.
But Government changes mean local councils are now having to foot the bill while still cutting overall costs in the Government’s austerity drive.
Ms Lazard said after the court dismissed Mr Davey’s appeal on Friday: “We are deeply disappointed and concerned.”