Policy update May 2013

1. Policy update May 2013

2. Hot policy topics • Care and support • Update on current judicial reviews

3. Care and support • Care and Support Bill • Care and support funding

4. Care and support bill • In Queen’s speech today, 8 May • Draft Bill included: positives and negatives and a black hole! • Promoting individual well-beingand preventing need for care and support • No real portability of care – very disappointing, also no national minimum eligibility threshold till 2015 . • Black hole - nothing on funding • Inclusion London response at: http://www.inclusionlondon.co.uk/inclusion-londons-response-to-the-care-and-support-bill-consultation

5. Care and support funding for service users Post March budget: • £72,000 cap on care costs coming in during 2016 – Dilnot? • £72,000 cap does not cover bed and board (hotel costs) • Hotel costs will be capped at £12,000 a year. • New threshold for carecosts in residential homes: £118,000 • Anyone with assets of between £14,250 and £118,500 will be entitled to some financial support according to a sliding scale. • Have to sell you home? Councils will give loans – but interest to be paid.

6. Gov’s plans don’t solve the problem! • Many people who need care and support don’t have any savings let alone own a home! • Also…

7. Gov’ plans won’t solve the funding crisis • Care and support drastically under funded • A freeze on inheritance tax at £325,000 till April 2018 to be for care? This won’t fill the funding gap! • Leaves a crisis in funding for care and support • Results in a bare minimum of basic support • Threatens independent living and inclusion in the community

8. Crisis in funding - action needed! • Government needs to drastically increase funding for care • Write to MP’s as Care and Support Bill goes through parliament • IL will provide a template letter..

9. Bedroom tax judicial reviews - update • Permission has been granted for ten test cases to be heard in May. • Five cases concern disabled adultsand five children. • Liberty seeking judicial review re shared custody of children

10. Legal challenge on Barnet Council’s outsourcing • New contract to Capita - ‘New Support and Customer Services Organisation’ • Capita to make savings of £1 million a month. • Concerns about Capita putting profit over quality of services • Test case for other councils outsourcing their services to commercial organisations • Council was challenged on basis that it did not consult with service users.

11. Judgement: • Judge agreed council had failed to consult • Challenge dismissed because majority of complaints brought too late. • But legal aid granted for appeal – the fight goes on!

12. ILF judicial review update • Gov’ decided to close Independent Living Fund in 2015 in Dec 2012 • No ILF – no life: end of independent living • Main basis of challenge was that too little detail was given in the consultation document to give an informed response. Also that the Minister did not have due regard to the impact on the equality of opportunity. • This challenge failed but…

13. Judgement • Judge’s opinion: after 2015 ‘real possibility’ funding would be reduced to level that prevented employment of PAs • Judge drew attention to Article 19 • Judge if the ‘level of Treasury funding so austere’ that it reverses ‘progress already achieved in independent living’ the Equality Duties would need to be re-visited.