The Isle of Wight Council is set to formally retain the previous criteria under which residents are eligible for adult social care services, following the outcome of a judicial review decision.
Last year the council resolved to offer adult social care services only to those residents assessed as ‘critical’ under the Fair Access to Care for Adult Social Care Services guidance and to introduce targeted support to stop residents assessed as having ‘substantial’ need from developing critical needs.
However the proposal was successfully challenged by a judicial review in the High Court brought by lawyers on behalf of two residents. As a result, the council immediately reverted to the original criteria and sought to reassess those people who had been affected by the changes.
The recommendation to formally retain the ‘substantial’ and ‘critical’ categories of care needs will be discussed by the council’s cabinet on 14 February when it receives a paper covering the wider aspects of the judicial review. The paper also confirms the cost to the authority in relation to the court proceedings was £197,114.26. This figure comprises the council’s own external costs of £48,090 and those of £149,024.26 (plus VAT which the council will reclaim) accrued by legal company Irwin Mitchell in bringing the case.
The paper notes that 32 residents were directly affected by the changes to the eligibility criteria and, of those, only four had taken up an offer to have their previous care package re-instated.
The paper also states that changes have already been made to the decision-making processes and consultation guidance in light of the High Court judgements.
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