An Update On Davey V Oxfordshire County Council

A press release from Inclusion London. Same Difference was hoping for a different result for Luke Davey. We wish him well.

 Today, on the 1^st of September 2017, the Court of Appeal delivered its judgement in the case of R (on the application of Davey) v Oxfordshire County Council).  This is the first case under the Care Act 2014 to reach the Court of Appeal and is critical in determining how far the legislation supports Disabled people’s well-being, choice and control and independent living. The judges dismissed the appeal mainly because of the factual evidence in the case.

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 (2).  The Equality and Human Rights Commission and Inclusion London (3) both intervened in the case, which highlights the situation many Disabled people are going through at the moment with care packages being cut to the bone by cash strapped Local Authorities.

Svetlana Kotova, Disaability Justice Co-Ordinator at Inclusion London said

“We are very disappointed with today’s decision.  This judgement illustrates the devastating impact of the Government policies on Disabled people.  Many Disabled people like Luke Davey, who were supported by the Independent living Fund had their support packages cut to s bare bone.  With those cuts went their independence, choice and control and the opportunity to live a normal life.  Today the Court of Appeal confirmed that local authorities can get away with doing this.

Without adequate levels of support more and more Disabled people are existing not living.  This is one reason why yesterday the UN Committee on the Rights of Persons with Disabilities said social cuts in the UK have led to human catastrophe.

This case has destroyed any hopes that the Care Act 2014 will transform our experience of social care.  It shows how easily local authorities can override disabled people’s about what’s good for us.

It is time the Government recognises and urgently addresses the huge crisis in social care. through ensuring adequate funding and the introduction of an appeals system, which would give Disabled people a fair chance to challenge the views and decisions of social workers”.