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A disabled man who challenged drastic cuts to his care package had his case dismissed by the Court of Appeal yesterday.
In what could have been a landmark case benefiting thousands of disabled people across Britain, the court decided that Oxfordshire County Council did not act illegally when it slashed Luke Davey’s care by 42 per cent.
Mr Davey, who has quadriplegic cerebral palsy, uses a wheelchair and is registered blind, argued that the council was in breach of the 2014 Care Act.
Before the Independent Living Fund (ILF) was cut by the government in 2015, he was able to fund round-the-clock care at home.
Mr Davey argued that the reduction was both unreasonable and unlawful.
Ellen Clifford of campaign group Disabled People Against the Cuts said: “Luke is deeply, deeply disappointed.
“His care package just isn't sustainable now. His mum is in her 70s and recovering from cancer treatment.
“He's looking at not much of a life at the age of 40.”
Jamie Burton, who represented Mr Davey, told judges that the reduction was not enough to fund the personal assistants who had cared for him for nearly 20 years, and there was a significant risk of him suffering anxiety.
But the local authority had argued that it slashed his care package after an experienced social worker assessed him saying he needed “to be able to spend more time alone to develop his independence and reduce anxiety.”
The court’s decision came days after the United Nations committee on the rights of persons with disabilities reported that Tory welfare reforms have created a “human catastrophe.”
Chairwoman Theresia Degener said: “The austerity measures that [the government] have taken are affecting half a million people.
“Each disabled person is losing between £2,000 and 3,000 per year.”
The committee said Britain is”"going backwards,” with removal of ILF posing a major concern.
Labour's shadow work and pensions secretary Debbie Abrahams said: “The Secretary of State must come before the House at the earliest possible opportunity to explain why the government has refused to listen to the UN, and instead continues to violate disabled people’s rights.”
She added that the next Labour government would incorporate the UN’s report fully into law.
Mr Davey and his lawyers have until September 18 to decide whether to seek permission from the Supreme Court to make a further appeal.
