It is with great regret that I have to report that we have been obliged to discontinue our application for judicial review of Kingston Council’s decision to increase contributions/charges for social care. This is because we would have been unable to prove that officers and councillors did not pay ‘due regard’ to their duty to promote disability equality or give proper consideration of the equality implications of the proposals before making their decision.
The supreme irony is that if we had not fought such a strong campaign, and if we had not made such a determined effort to present the equality issues to the decision-makers, we could well have had a case. Because we drew all the issues to the attention of officers and councillors, it would be very difficult to prove that they did not consider them properly.
You can download Barrister’s advice on case for judicial review.
However, Councillor Rolson Davies said that the needs of high users of adult and children’s social care services would be considered on a case by case basis, so we are writing to the Leader of the Council to explain, again, the implications of the decision for those with high value care packages and to ask how we can make use of the discretion implied by Councillor Davies. When that letter has been finalised I will post it here.