Care charges ruled as discriminatory
A recent case in the High Court has found that Norfolk County Council had discriminated against a young disabled woman SH.
Norfolk County Council, when calculating her care charges, treated SH the same as other people affected by the policy but who were able to do paid work.
It reduced her minimum income guarantee, and made the decision to take into account her enhanced benefits, meaning her chargeable income would increase to over £50 a week from April 2021.
Mr Justice Griffiths ruled that Norfolk County Council’s charging policy discriminates against severely disabled people, contrary to Article 14 read with Article 1 of Protocol 1 and/or Article 8 of the European Convention on Human Rights.
This judgement has implications for everyone in a similar situation to SH. Reclaiming Our Futures Alliance are working with other DPOs to ensure all local authorities are aware of this ruling and that they take action to ensure they are not discriminating against severely disabled people.
More information on this case can be found here.