Commission statement on Birmingham Council care ruling

19 May 2011

Following a High Court ruling which stated that Birmingham City Council's plans to cut its adult social care budget were unlawful, a spokesperson for the Equality and Human Rights Commission said:

"Many councils have already restricted care to those who have critical needs, leaving people without care and support they need to live independently. This includes older people who are very frail as well as disabled people.

Not providing care to those who clearly need it fails to protect some of our most basic human rights - having a decent quality of life and being treated with dignity and respect. It denies disabled people the right to choose how to live their own lives and the freedom to make their own choices.

We are investigating if councils are protecting these rights in delivering home-based care and support, and we will be reporting on our findings before the end of the year.

Ends

Notes to editors

The Commission undertaking an Inquiry into the protection and promotion of human rights of older people in England who require or receive home-based care and support. This was launched in November 2010 and is expected to be reporting before the end of 2011.

The UK government signed up to the UN Convention on the Rights of Disabled People. This is a set of principles that should be considered when making policy which include the right to live independently and the right not to be treated worse than others.

More details about the case can be found on the lawyers' website.

The full judgment can be found on the BAILII website.