Council unlawfully limiting services to disabled children

A ruling in the High Court has signalled that the use of an “eligibility criteria” to limit access to disabled children’s services can be unlawful.

The court found in favour of a young disabled man and his mother who had seen their package of services halved since Islingon Borough Council introduced the criteria framework in 2007.

The Council for Disabled Children raised concern about the lack of legal clarity as to whether local authorities are permitted to use banding or other forms of criteria to limit access to services.

The council told the court in recent years eligibility criteria have tightened, as a result of increasing pressures on social care budgets, so that fewer families receive a service.

The judge found that these criteria were unlawful because they failed to distinguish between services the council had a duty to provide and those that they had only a power to provide.

Islington was also found to have acted unlawfully because it had not shown proper regard to duties to promote disability equality when setting the criteria.

Christine Lenehan, CDC’s director said: “We would want to emphasise that Islington should not be singled out for criticism as a result of this judgment.

“What is crystal clear from this judgment is that where local authorities have a statutory duty to provide services, they must do so regardless of cost or any other consideration.”