R (YVR) v Birmingham City Council

Subject Matter

LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Severely disabled adult claimant unable to work and having no income apart from state benefits — Local authority charging claimant maximum permitted amount for care and support services in accordance with charging policy — Whether policy unlawfully discriminating against severely disabled persons unable to work — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Care Act 2014 (c 23), s 14 — Care and Support (Charging and Assessment of Resources) Regulations 2014 (SI 2014/2672), regs 7, 15(2)

[2024] EWHC 701 (Admin); [2024] PTSR 866; [2024] WLR(D) 147, KBD

LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Severely disabled adult claimant unable to work and having no income apart from state benefits — Local authority charging claimant maximum permitted amount for care and support services in accordance with charging policy — Charging policy for care and support services unchanged on review by delegated officers — Local authority continuing to charge claimant maximum permitted amount in accordance with policy — Whether policy adopted in breach of public sector equality duty — Equality Act 2010 (c 15), s 149 — Care Act 2014 (c 23), s 14 — Care and Support (Charging and Assessment of Resources) Regulations 2014 (SI 2014/2672), regs 7, 15(2)

[2025] EWCA Civ 393; [2025] PTSR 1690; [2025] WLR(D) 192, CA

Appellate History

Commentary

Landmark Chambers
Challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum fails Case comment