Woman with learning disabilities was seeking Judicial Review of Council’s Supported Living Consultation

Campaigners in Rochdale are celebrating following a decision by Rochdale Council to withdraw proposed changes to the way it provides care and accommodation for vulnerable and disabled adults.

The family of one of the people affected by the proposals instructed specialist lawyers at Irwin Mitchell to launch a legal challenge because they believed that the Council’s consultation on the proposals was flawed and unlawful as it did not provide residents with full and accurate information on ‘Supported Living’, including giving the misleading impression that this always involves disabled people sharing a home. 

They also believed that the consultation did not properly explain the advantages of the current Supported Living model and failed to set out the potential disadvantages of the alternative option of people being placed in residential care.

Following the closure of an extended consultation the family of a local woman with severe learning disabilities, who lives in supported living placement, instructed Irwin Mitchell to issue legal proceedings at the High Court to trigger a Judicial Review.

However, the Council has since taken the decision to remove its highly controversial proposals from its savings programme at a Cabinet meeting on Monday, 23 January, after an overwhelming majority, 70% of the respondents to its consultation, disagreed with the proposals. The Council has also confirmed that no decision will be made before further engagement with stakeholders and service users.

Mathieu Culverhouse, a public law expert at Irwin Mitchell, said: 

Expert Opinion

“This is a victory for all those who would have been unfairly affected by the changes that Rochdale Council was proposing.

“The families of those affected are happy that the Council has withdrawn its proposals and has confirmed that before proceeding with any such proposals in future it will engage with those affected and ensure that they are given a full and fair picture of what the proposals will mean for them in practice.” Mathieu Culverhouse - Partner

The father of the woman with learning disabilities who brought the claim commented: “I am sure that everyone involved in providing care for people with learning difficulties in Rochdale will be much relieved by this outcome”. 

“Rochdale Council has thankfully made a very welcome decision not to press ahead with these proposals and, on behalf of all its service users who rely on these vital services, we thank them.”