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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Council faces JR over decision to axe funding of independent advice services

The London Borough of Newham faces judicial review proceedings over its decision to axe funding for independent advice services.

The case relates to the council’s plans – approved by its Mayor, Sir Robin Wales in November – to develop a new model for advice.

This model would see three tiers of service:

  • Online self-help information, advice and guidance on debt, benefit and housing issues for residents able to self help;
  • Direction from council officers, where required, in using the online self-help service;
  • A one-to-one problem solving package advice service for residents where council officers “deal with immediate crises and work with clients to identify root causes of problems, address these problems and enable future self-help”. Access will be by referral only, from designated council services and external organisations.

The council hopes that its Information, Advice and Guidance (IAG) project will provide a more joined up method of delivery. The IAG project also has a savings target of £1m by the financial year 2012/13.

Between July 2008 and July 2011 Newham funded advice on social welfare law – including benefits, debt and housing – through a contract with Newham Advice Consortium. This funding amounted to £284,820 in 2010/11.

The grounds for the challenge include claims that Newham conducted a flawed consultation and was in breach of its duties under the Equality Act 2010.

The claimant’s lawyer, Pierce Glynn partner Gareth Mitchell, said: “Newham don’t seem to understand how important independent advice is to local people.

“The charities who were previously providing these services report that many very vulnerable people are no longer getting the help they need, including women who have experienced domestic violence, the elderly, and people from BME communities with high rates of social exclusion.”

Mitchell added: “Newham’s approach ignores all the research about how good independent advice prevents problems from spiralling out of control and costing taxpayers far more to resolve later down the road.”