Vulnerable man wins court victory against council over care costs

Michael Sherratt was told he must contribute towards his care package which had previously been free

A vulnerable man won a court battle against Bolton Council after it threatened to stop paying more than £2,000 per year towards his care.

Michael Sherratt, 27, who has an autism spectrum condition, was told in March 2022 he should contribute £39.92 per week to his support package, which had previously been free.

However, the council chose not to fight a High Court challenge.

It said it would now "review its policies".

Mr Sherratt's mum Stephanie Sherratt, founder of disability charity Breaking Barriers Northwest, said: "Being ignored or stonewalled when speaking openly and frankly about the needs of my adult son felt unfair, unkind and, as it turns out, unjust."

Before a new financial assessment in 2022, Mr Sherratt did not have to contribute financially to his care, with the council accepting he had a "high level of need".

Mr Sherratt with his mum, charity founder Stephanie Sherratt

However, after the assessment, the council argued travel costs were covered in his Personal Independence Payment (PIP) and items such as lunches for a personal assistant could not be classed as disability related expenditure (DRE).

The family instructed solicitors and applied for a judicial review, arguing the council had not complied with statutory guidance.

Bolton Council opted not to file a defence to the application and agreed to pay legal fees.

In a written judgment, High Court judge Mr Justice Fordham said the council had "breached its basic public law duty to ask the legally correct question. The decision needed to be retaken lawfully."

Bolton Council agreed to review Mr Sherratt's care plan and carry out a fresh financial assessment.

The local authority said it would also review its policies to ensure compatibility with the Care and Support Statutory Guidance, which Mr Sherratt's lawyers said could have "significant implications" for other families.

'Financially devastating'

Gerard Devaney-Khodja, public law and human rights lawyer at Irwin Mitchell LLP, said local authorities failing to correctly identify DRE costs could be "financially devastating" for families.

"Michael has complex needs and without support provided by his family, support services and a personal assistant, he wouldn't be able to live the normal life that's key to his and his family's wellbeing," he said.

"This case is an important step in clarifying the duty councils have to recognise the flexibility enshrined in the statutory guidance and, in many cases, their own guidelines."

Ms Sherratt added: "This has never been about my son or my family alone, it has always been about challenging what I believed to be fundamentally wrong and trying to bring about changes that would be beneficial to all families in receipt of direct payments from adult social care."

A spokesperson for Bolton Council said: "At no stage during these proceedings was the council's charging policy the subject of challenge.

"Bolton Council has, however, agreed to reconsider its assessment and retake its decision.

"Bolton Council will ensure that any relevant training or learning points that arise from Mr Sherratt's case are cascaded to the relevant officers and will ensure that its policies are reviewed."