Thursday, 19 May 2011

Birmingham City Council wrong to axe care for elderly

Britain’s biggest council has been told its plans to cut care services for elderly and severely disabled people are “unlawful” and must be scrapped, in a landmark High Court judgement with wide-ranging implications for social care.

In his ruling, Mr Justice Walker said the council had failed to take account of disability discrimination laws and criticised the authority’s flawed public consultation on the proposed cuts.

My comment: Says a lot about Birmingham City Council's legal department and monitoring officer whose job it is is to ensure the council don't do anything illegal. 

It is also a good job the complainants went to a solicitor and not the discredited Local Government Ombudsman who would probably have buried their complaints along with all the others they buried during the year for Birmingham City Council.

The LGO's last published report about Birmingham City Council. The LGO reached a decisions on 237 complaints against Birmingham City Council yet not one resulted in a finding of maladministration leading to injustice.

However, when 4 elderly people ignore the LGO  a real judge, not an ex Council CEO LGO, finds the Council's actions illegal.

[Mary Seneviratne 'Public Services and Administrative Justice' (2002 Butterworth) : Whilst accepting that ombudsmen have some flexibility in deciding what may or may not be maladministration she also states that 'where actions are clearly contrary to the law this is maladministration'.]

Read the full story from the source Telegraph

Read all articles about Birmingham City Council on this blog

1 comment:

  1. That's good news - but it never should have got this far. Watch for the results of an independent investigation into unlawful charging of disabled residents, coupled with disability discrimination, as found by Mike Smith, Disability Committee chair of the Equalities and Human Rights Commission, reporting at the end of May.