New equality legislation has strengthened the hand of challengers to community care charging decisions, say Ed Mitchell & Clive Lewis QC
The equality legislation has provided a new weapon in the armoury of those who wish to challenge community care charging decisions.
However, it remains very difficult to mount a successful legal challenge to a carefully planned decision to introduce or increase charges. The latest case to illustrate this point was the Court of Appeal’s decision in R (Domb & Others) v Hammersmith & Fulham LBC [2009] EWCA Civ 941.
Hammersmith & Fulham LBC had decided to reduce its council tax by 3% and so had to make savings or increase revenue. So far as the contribution of home care services to balancing the books was concerned, the council decided that it either had to raise eligibility thresholds (provide fewer services) or introduce charges.
Following a consultation exercise, the council decided to start charging although a means test would be applied so that poorer service users would continue to pay nothing.
Three service users claimed judicial review of the council’s decision which
