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Our response to ILF Court of Appeal victory

11 November 2013

Disability Rights UK welcomes the decision by the Court of Appeal that the closure of the Independent Living Fund has not been pursued lawfully.

Press release

Further, we are delighted that the Court of Appeal has found that in taking its decision, the Government failed to take into account the responses it received to its consultation on closing the Fund, the impact such a decision would have on disabled people with high support needs in terms of equality and life opportunities, and failed to consider its international obligations under the UN Convention on the Rights of People with Disabilities for disabled people to live in the community with choices equal to others.

Liz Sayce, CEO of Disability rights UK said “This is a good and important judgement not just for the five disabled people who had the courage to bring the case, or the 19,000 disabled people who currently receive support through the ILF, but for all disabled people who should have the right to independent living and to live life to our full potential.

We urge the Government to take a step back and re-think.  We call for a national framework that gives adequate support to all disabled people including those who have been unable to apply to the Fund since the decision to close it to new applicants in 2010.”

Disability Rights UK believes such a framework should be based on the principles of: -

  • Equality of opportunity for disabled people
  • Choice and control over how our support needs are met
  • Full implementation of article 19 of the UN Convention on the Rights of People with Disabilities concerning our right to independent living

Notes:

  1. The Court of Appeal overturned a High Court ruling that the Government's consultation over the closure of the ILF was not defective in law. You can view a background summary to this case at http://disabilityrightsuk.org/whether-ilf-consultation-was-lawful