Disabled Oxfordshire Man Won't Fight Cuts

18 September 2017, 06:06

Luke Davey and his mother Jasmine

41 year old Luke Davey had until today to make a final appeal to the Supreme Court

Oxfordshire County Council told Luke he would have 42% less in his weekly personal budget, which provided a 24-hour care package.

Three Court of Appeal judges were told at a recent one-day hearing that Mr Davey, who has quadriplegic cerebral palsy, and others like him have been seriously adversely affected by Government changes to the care funding system.

They agreed that the council had acted lawfully but he was given the chance to make one final appeal to the Supreme Court.

However the campaign group helping Luke told Heart that there won't be any further attempt to overturn the decision.

The deadline for an appeal expires today.

Critics of the Government say Mr Davey's case illustrates how disabled people are suffering because ministers axed the independent living fund (ILF) in 2015 but failed to ring-fence sufficient money for the disabled under the new Care Act 2014, which makes cash-strapped local authorities responsible for funding all care needs.

Mr Davey, who is registered blind, attempted to overturn a ruling by High Court judge Mr Justice Morris which went against him.

Lord Justice McFarlane, sitting with Lord Justice Bean and Lady Justice Thirlwall, rejected the bid, saying: "Like (Mr Justice Morris), I have great respect for the manner in which the claimant, his family and his team of carers cope with his difficult situation.

"But that is not the same thing as saying that the council's actions have been unlawful."

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