Luke Davey, 39, claims Oxfordshire council has breached statutory duties with cuts to his care package

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A disabled man has been given permission by the High Court to bring a legal challenge against a local authority’s decision to reduce his care package, in the first case to be linked to an alleged failure to meet the Care Act’s wellbeing principle.

Luke Davey, 39, is quadriplegic and has cerebral palsy. He was assessed as needing 24-hour care in 2015 and had a stable care package in place for 20 years. Over the past year Oxfordshire council took steps to cut the funding available to him. He says this would leave him able to afford 17.5 hours of support and left alone for six hours a day.

Davey is bringing a judicial review of the council’s decision on the basis it breached several statutory duties under the Care Act, including the duty to “promote an individual’s wellbeing” set out in section 1 of the Act and the duty to meet meeting an individual’s unmet eligible needs set out in section 18 of the legislation.

by Andy McNicoll on June 15, 2016 in Adults, Care Act 2014Care-Act-Gary-Brigden

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