High Court rules council acted unlawfully in cuts to short break funding
The High Court has ruled that a local authority acted unlawfully when it reduced funding to voluntary sector organisations that offer short breaks to disabled children.
Steve Broach, of Monckton Chambers, told the court that the West Berkshire Council had imposed a 52% cut in this funding as part of its budget savings.
Mrs Justice Laing said in DAT & Anor, R (on the application of) v West Berkshire Council [2016] EWHC 1876 that this was unlawful because councillors were misdirected on the public sector equality duty and failed to consider other relevant legislation, including sufficiency duties relating to short breaks.
After claimants gained permission to apply for judicial review, West Berkshire voted again to reaffirm its previous decision.
The judge said this decision was “materially affected by apparent predetermination” and so could not cure the flaws in the first decision.
West Berkshire argued that its full budget calculation would have to be quashed if relief were granted, but the judge rejected this argument.
Monckton said the judgment contained important guidance on the new requirement for permission and relief to be refused if the outcome would not have been substantially different if the conduct complained of had not occurred.
West Berkshire’s executive member for children’s services Lynne Doherty said: “This hearing concerns the process for making the decision, not the decision itself.
“The judgment rests on a technicality in the decision making process that we are now reviewing. As we will not be appealing the decision, funding for short breaks will be considered at the next meeting of full council.”
Cllr Doherty said the council had cut short breaks funding only because of “a severe reduction in our central government grant“.
She said the council would meet its statutory duty to provide short break funding “in the ways that the families we support prefer [and] aim to provide discretionary short break funding to families”.
