Summary
31 May 2012
Today, the Supreme Court handed down their judgement in the case KM v Cambridgeshire regarding the use of the Resource Allocation System - a computer-based system to calculate the cost of care - in determining a budget to meet a person's eligible needs.
“We welcome the judgement which clarifies the role of the Resource Allocation System in the calculation of the budget for an individual user. Many disabled people find it difficult to challenge decisions about their care package because it is not clear how a council has reached their decision. This judgement makes it clear that local authorities must be transparent and that the RAS cannot be the sole factor in determining a budget.”
Twelve Acts in sixty years have led to a complex legal framework for social care which is difficult to understand and use. We urgently need a new Act that will clearly set out entitlements for disabled and older people and duties on local authorities We call on the Government to introduce the draft bill within the next month, and to follow this with an actual bill in this parliamentary year.”
More information
- law commission report on adult social care
- supreme court – link to judgment
- judgment establishes that councils must not take cost into account when assessing disabled people's care needs - Guardian (31 May 2012)
- supreme court: councils must justify personal budget totals - Community Care (31 May 2012)
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