Disabled man given permission to apply for JR of level of care council provides

A 33-year-old disabled man has been given permission to apply for judicial review of Gloucestershire County Council’s refusal to give him more personal care.

Colin Bennett suffers from a degenerative condition called Friedreich’s Ataxia, which has left him almost completely paralysed.

According to his lawyers, the council’s refusal to give him more than nine hours of help per day means he has to spend long periods in soiled clothes and severe pain. Without help, he cannot get to the toilet or administer pain relief.

Bennett and his lawyers are also in dispute with Gloucestershire about his future accommodation. His current home is being shut down by the county council as part of its budget cutting, and he believes the alternatives are not suitable.

His Honour Judge Nicholas Cooke QC gave Bennett permission to proceed with the judicial review challenge at a hearing in the Cardiff Administrative Court on 30 September.

Bennett’s solicitor, Adam Hundt of law firm Pierce Glynn, said: “Colin is an intelligent man who is facing a lingering and painful death at a young age. He has coped incredibly well with his illness, but it is degenerative and has deteriorated badly over the last 12 months or so. Instead of increasing the amount of care he gets the council has kept it at the same level, leaving him in distressing and disturbing conditions that nobody should have to endure.”

According to a report on This is Gloucestershire, the council’s barrister, Barbara Hewson, told the hearing that Bennett received a direct payment to fund his care and he paid the carers to look after him.

“He chooses the structure of his care patter and the hours they work,” she told the judge.

Judge Cooke said: "I've not found this an easy decision but I've come to the conclusion that I should grant permission to have a judicial review. The county council has an argument but I'm not sure they're right."

He added: "Colin Bennett and his family must realise that the council's resources are finite."

The hearing is expected to take place in December.

Nigel Roberts, Director of Law & Administration at Gloucestershire, said: "When we receive the written judgment following the court proceedings, we will assess this carefully to determine our next steps."