Local Council forced to remove freeze on increase of direct payments
In January 2007 the London Borough of Hammersmith & Fulham announced a freeze in the increase of direct payment rates for disabled and older people for 2007/ 2008. Two local direct payment recipients, subsequently instructed a firm of independent solicitors to challenge the decision which they believed to be unlawful.
The legal issues highlighted that a freeze in the hourly rate of payment would amount to a cut in service. It was argued this would be unlawful without a re - assessment of an individual’s needs under community care legislation and could have implications under the Human Rights Act.
The claim further asserted that the Council was also failing to consider disability equality and was therefore in breach of the Disability Discrimination Act 2005. It was argued that a freeze on direct payment rates would clearly have a significant effect on local disabled people and their ability to administer their own care packages.
Rudi Breakwell – Bos local direct payment recipient said “This decision appears to have been taken without any consideration of the needs of disabled people. We were not involved or consulted at all during the decision making process.”
The Council has now had to overturn its original decision and will award a 2% inflationary increase to direct payment rates in line with the Council’s own annual budget increase for other social services provision.
Sue Bott, Director of the National Centre for Independent Living said “ I am pleased that local people in Hammersmith and Fulham have been prepared to challenge their local authority's decision with a successful result.
I salute their efforts which show that disabled people can make a difference when we put our minds to it. It is no use just sitting at home and complaining. If we do not like decisions made about us we have to take action to challenge those decisions”.
For further information visit the National Centre for Independent Living's website: