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Administrative Court dismisses Article 14 challenge to Care Act 2014 s14 charging by permanently non-working disabled adult; Birmingham policy justified by s114 crisis; no clear differential treatment shown

Published on: 22 July 2024

Published by a LexisNexis Local Government expert
Legal News
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R (on the application of YVR (a protected party, by his litigation friend YUL)) v Birmingham City Council [2024] EWHC 701 (Admin) What are the practical implications of this case?

This judgment stands out for its close examination of a potential discrimination claim arising from the effects of a charging policy on disabled individuals with differing levels of need, and for setting that assessment against the severe financial pressures confronting a local authority. It offers a clear, structured approach to the discrimination issues, making it an important reference point for public bodies facing similar challenges.

  • It carefully analyses the impact of charging arrangements on disabled people with varying needs.
  • It frames that analysis within the context of acute local authority budgetary constraints.

The court reviews R (SH) v Norfolk County Council [2020] EWHC 3436—where a comparable challenge to changes in a social care charging scheme was found discriminatory towards those permanently excluded from the labour market—and applies principles from R (SG) v SSWP [2015] PTSR 471 to the claimant’s Article 14 ECHR ground. Consequently, the decision is essential reading for any authority considering amendments to its Care Act 2014, section 14 charging policy...

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