High Court Quashes Local Authority Decision On Disability Related Expenditure


RW v Royal Borough of Windsor and Maidenhead [2023] EWHC 1449 (Admin)

RW sought judicial review of the local authority’s decision not to account for or disregard his disability related expenditure (DRE) in calculating the amount he would be charged for his care. RW is a vulnerable adult who has Autism Spectrum Disorder (ASD) and has difficulties communicating and socialising. As part of his care plan, he attends a social and life skills group 3 times a week. To attend the group he has to pay separately for the cost of the activities on offer each day. The local authority, in calculating RW’s income to determine the level of his care charges, refused to allow the cost of the activities as DRE.

The High Court found that the local authority’s decision was unlawful. The activities were plainly disability related as they were designed to help RW with his social confidence and relationships. They were needed to help him overcome the obstacles resulting from his disability and they were reasonable and not excessive in cost.  The local authority’s restrictive approach was contrary to the purpose of DRE expenditure, which derives from the UN Convention on the Rights of People with Disabilities.

Emma Foubister acted for the Claimant, instructed by Lucy Cadd at Leigh Day.

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