Southampton Centre for Independent Living

Just before Christmas, a key case about Disability rights and changes in eligibility criteria was decided in the High Court. The judge found a local council had acted unlawfully when introducing its new policy because it had breached its duties under the Disability Discrimination Act.

The case, brought by the Public Law Project (PLP) on behalf of three service-users in Harrow, was a challenge to Harrow Council’s decision in July this year to restrict the support services it currently provides to people with critical needs only, withdrawing support from those who had substantial needs.The latter category includes those whose independence is at substantial risk if their needs are not addressed, including those who have only partial choice and control over their immediate environment, an inability to carry out the majority of personal care or domestic routines or an inability to maintain the majority of social support systems and relationships.

Local groups had grave concerns that such a restriction in services would leave hundreds of Disabled and Older people without essential support.

In the High Court, Judge David Mackie QC held that the decision to introduce the new policy was unlawful as the Council had failed to meet its duties under the Disability Discrimination Act. He described how the Council had failed to have due regard to the need to eliminate discrimination against disabled people and to promote equality of opportunity: “there is no evidence that this legal duty and its implications were drawn to the attention of decision-takers”.

The Council will now have to reconsider the issue ensuring that they meet this fundamental duty and protect the rights of disabled people when deciding whether to go ahead with the new policy or not.

The full court judgement can be read at http://www.bailii.org/ew/cases/EWHC/Admin/2007/3064.html

Both Disabled People and Local Authorities were shocked by the Independent Living Funds’ decision to raise the amount that local authorities have to contribute towards a person’s support package before they are entitled to ILF funding.

From April 1 2008, new applicants will need to be receiving at least £320 per week of local authority input. This is an increase from the current threshold of £200 per week.

Existing applicants will not be affected unless they request an increase in their support needs. In this case the ILF will expect the local authority to increase their input to at least £320 per week. Existing applicants will be able to request an increase due to an increase in the cost of the support e.g. a change in the hourly rate without being subject to the new £320 per week threshold.

The ILF are also tightening up their rules on backdating payments as well as prioritising applicants in paid employment and applicants on Income Support, Job Seekers Allowance and Pension Credit Guarantee.

 Of course, many Disabled People are asking why the ILF has made this sudden decision. According to the ILF, since summer 2006, there has been a 27% rise in applications and therefore a change in policy was necessary, The ILF also claim that 53% of current applications already meet the new £320 per week threshold. They also point out that the threshold of £200 per week has remained the same for the past 15 years. 

Local authorities have been sent reeling from the news and some local authorities have prioritised new ILF applications in the hope of beating the April 1 deadline.

Southampton Centre for Independent Living, an organisation run and controlled by Disabled People, wish to recruit a Disabled Person.

Direct Payments Support Worker 16 hrs per week, £21,412  - £22,845 pro rata

An exciting opportunity to support, train, inform and advise disabled people to organise their own personal assistance arrangements through the use of Direct Payments. The geographic area you will cover is negotiable.  Posts require an ability to travel unaided or with assistance. A training and induction package will enable you to develop your skills.

You will have the opportunity to make a difference to other Disabled Peoples’ lives. This job will suit any Disabled Person committed to the principles of Independent Living and the Social Model of Disability.

Experience of providing advice and information to Disabled People would be an advantage.

SCIL is committed to the principle of equality of opportunity. We particularly welcome applications from Disabled People who are also members of minority groups. All posts are open to job share.

For application packs, or an informal chat, please contact Robert at:SCIL, Unity 12, 9-19 Rose Road, Southampton, SO14 6TE Tel: 023 8033 0982, Textphone: 023 8020 2649, Fax: 023 8020 2648 E-mail: robert@southamptoncil.co.uk

Returned application forms to be received by Fri 18^th January 2008