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R (on the application of (1) DEBORAH DOMB (2) DULCE SOBRAL (3) MOSES BUSHIWA) (Appellants) v HAMMERSMITH & FULHAM LONDON BOROUGH COUNCIL (Respondent) & EQUALITY & HUMAN RIGHTS COMMISSION (Intervener)

In the circumstances a local authority which introduced charges for its non-residential home care services had not failed to have due regard to its disability equality duties contained in the Disability Discrimination Act 1995 s.49A and also its gender and race equality duties under the Sex Discrimination Act 1975 s.76A and the Race Relations Act 1976 s.71 respectively.

15 September 2009

The appellants (D) appealed against the dismissal of their claim for judicial review of a decision of the respondent local authority to introduce charges for its non-residential home care services. The services were provided pursuant to the Health and Social Services and Social Security Adjudications Act 1983. The local authority had power to make charges pursuant to s.17 of that Act. The local authority had previously charged for home case services but had discontinued that policy. The authority proposed to reduce council tax by three per cent. It perceived a funding gap in its social services budget which could be met by reintroducing charges for home care services or raising the threshold eligibility criteria. The local authority consulted on the proposal to reintroduce charges. The consultation process was part of an impact assessment undertaken pursuant to the authority's statutory equality duties which led to a report to cabinet. After the decision was taken to reintroduce cha...

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