Local authority agrees to make adjustments to Care Act accommodation for severely disabled wheelchair user after High Court grants permission to challenge suitability

Wednesday 26 March 2025

Isaac Ricca-Richardson of the Garden Court Community Care Law Team was instructed by Oliver Moore of Tower Hamlets Law Centre.

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This week, a defendant local authority accepted during ongoing urgent judicial review proceedings that accommodation, provided under the Care Act to a paraplegic wheelchair user with significant needs for care and support, was inaccessible and unsafe for him, and committed to making adjustments to the property.

That concession followed Judge Melanie Plimmer’s grant of permission to proceed on domestic, Equality Act, and human rights grounds, after which Isaac and his instructing solicitor successfully obtained an expedited timetable through to a final hearing within six weeks.

Subsequent to that concerted pressure, the local authority conducted a full re-assessment under the Care Act. This resulted in a significant increase in the support provided; an acceptance of the substantial care provided to him by his wife and her need for respite; a commitment to complete a full Occupational Therapist (OT) assessment of the property within four weeks; and a commitment to source/commence the equipment and works recommended by the OT within a further two weeks.

Within the consent order settling the challenge, the claimant has formally reserved the right to bring further proceedings should those adjustments prove inadequate.

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