Disabled woman’s family go to court to get review of adult care shake-up

THE family of a disabled woman are taking Rochdale council to the High Court in a bid to secure a judicial review of its controversial shake-up of adult care homes.

The woman is one of more than 260 people with learning disabilities in the borough currently living in a ‘shared living home’ with up to three other residents.

But as part of its plans to cut £38m over the next two financial years the council plans to reassess their needs to see if other options would be more suitable. And it’s the proposed changes to the Supported Living approach to include a wider range of alternatives, including larger residential homes and self-contained flats, which is at the centre of the legal battle.

Campaigners argue the plans will lead to a move away from small Supported Living homes and towards larger residential homes, while the council insists it will provide more choice at a lower cost.

Opponents of the proposals have instructed specialist lawyers Irwin Mitchell to challenge the council over its plans.

They claim the public consultation, which closed on November 28, was flawed and unlawful as it did not provide a correct definition of Supported Living and gave the ‘misleading’ impression it always involves disabled people sharing a home.

They also believe the consultation did not properly explain the advantages of the current Supported Living model and failed to set out the potential disadvantages of the alternative options - leaving respondents unable to make an informed view.

The father of the disabled woman bringing the claim said: “I am very concerned about Rochdale council’s proposals with regard to Supported Living.

“The consultation seems unclear and I am worried that the proposals, if implemented, could have a severely detrimental impact on my daughter, as well as other service users within the borough.”

Mathieu Culverhouse, a public law expert at Irwin Mitchell, said: “My client, who is one of many disabled adults in Rochdale who will be affected by the proposals, is proceeding with an application for judicial review. The court will be asked to determine whether these flaws (in the consultation) mean that the consultation was unlawful and should be quashed.”

A Rochdale council spokesman said they would robustly contest the action.

Sheila Downey, the council’s director of adult services, said: “The council must develop a range of different care and support options that meet the different needs of individuals and also provide best value for money.

“We have been very clear that in future there will be more choice for people with learning disabilities and people will only move into new care arrangements if it meets their needs and they wish to do so. “