Closure of Independent Living Fund declared lawful

A government decision to close a fund that helps the disabled to work and live in the community has been ruled lawful by a High Court judge.

Mrs Justice Andrews, sitting in London, had been asked to quash Work and Pensions Secretary Iain Duncan Smith’s decision on March 6 this year to close the Independent Living Fund (ILF) from June 30 2015.

The Equality and Human Rights Commission (EHRC) has warned that closure of the fund “will result in loss of dignity and independence for many ILF recipients”.

But today the judge ruled that the decision was reached lawfully.

As she announced her ruling, she offered her sympathy to those she said she knew would find it a “great disappointment”.

The EHRC says that some 18,000 severely disabled people risk losing essential funding in breach of the UK’s international commitments to support disabled people.

During a hearing at the High Court in October, David Wolfe QC, appearing for two severely disabled applicants in lead cases, argued that the Work and Pensions Secretary unlawfully failed to discharge his public sector equality duty (PSED) under the 2010 Equality Act.

He said the claimants seeking judicial review were currently receiving payments in the range of £450 to £500 per week from the ILF to pay for support from personal assistants.

This support was critical to them being able to live independent lives in their own homes, rather than residential care, and to work and study, said Mr Wolfe.

The application for judicial review – dismissed by the judge today – was the second legal battle over the ILF.

In December 2012, Esther McVey, then minister for disabled people, announced the fund would be closed and the funds distributed to local authorities area by area without any ring-fencing.

Her decision was overturned by the Court of Appeal in December last year on the grounds that she had unlawfully failed to discharge her PSED duty. This led to a fresh decision which was challenged in the latest action.

Mr Wolfe said the Government plan was to disburse the ILF funds to local authorities at least for one year, after which they were not guaranteed.

But there was no ring-fencing or guarantee that the money would be spent by the local authorities on those disabled people who had previously benefited from the ILF, and the funds could be used for something entirely different.

The Government case is that changes to social care have called into question having a separate funding stream through the ILF, and it argues that the vast majority of disabled people with care needs are already looked after through the adult social care system.

It contends the plan to transfer the existing ILF budget of £260 million to local authorities is the right way to ensure disabled people get the targeted support they need to live independent lives.

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