Govan Law Centre (GLC) has been instructed in a second test case challenging the legality of Glasgow City Council’s (GCC) process for social care charge increases against people with severe disabilities by around 50%.
From April this year, GCC amended its Social Work Services Social Care Charging Policy (“Charging Policy”), increasing the charges it levies on disabled and non-disabled persons who require non-residential social care services, such as home care.
An initial increase in weekly charges was implemented when the UK government uprated various welfare benefits by 10.1% from 6 April 2023. However, from 24 April 2023, the charges for severely disabled persons who were single, under 60 years of age and requiring 3.5 hours or more of social care per week were increased by a further 50%.
For some people with disabilities in Glasgow this represented a 65% increase in relation to charges before 10 April 2023 or a 50% increase in relation to charges from 10 April 2023. Many other service users have had no or much lower increases on a pro rata basis.
Govan Law Centre has lodged a second petition for judicial review in the Court of Session in Edinburgh on behalf of a client challenging the lawfulness of the Charging Policy with respect to certain disabled service users in Glasgow.
The second strategic test case challenges the Charging Policy on the following grounds:
(a) The provision, criterion or practice in the Charging Policy (PCP) indirectly discriminated against severely disabled persons who were single, under 60 years of age and required 3.5 or more hours of social care each week in comparison to disabled or non-disabled persons requiring 3 hours or less social care each week, contrary to Article 14 read with Article 1 of the First Protocol of schedule 1 of the 1998 Act;
(b) The financial taper increase to the Charging Policy from 50% to 75% was a PCP that discriminated against the petitioner by its disproportionate financial impact on her because of her higher social care needs arising in consequence of his disability, contrary to sections 15 and 29 of the 2010 Act;
(c) The PCP discriminated against disabled persons who were single, under 60 years of age and required 3.5 or more hours of social care each week in comparison to disabled or non-disabled persons requiring 3 hours or less of social care each week, contrary to sections 19, 23 and 29 of the 2010 Act;
(d) GCC ought to have made reasonable adjustments to its PCP to prevent a disproportionate financial impact on persons who were single, under 60 years of age and with higher social care needs in consequence of a severe disability in terms of sections 20 and 29(7) of the 2010 Act; and
(e) GCC failed to properly exercise its duties to undertake an adequate Equality Impact Assessment in terms of section 149 of the 2010 Act and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162 before determining its PCP et separatim failed to properly consult service users about its PCP at Scots common law.
The petition will require to satisfy the Permission test in the Court of Session Act 1988 before it can proceed further in Court. The solicitor for the petitioner is Rachel Moon, Partner, who has instructed GLC’s Mike Dailly, Solicitor Advocate. Laura McDonagh, Partner at Drummond Miller LLP act as Edinburgh agents.