In the UK Supreme Court, the recent case of R (KM) (by JM) v Cambridgeshire County Council concerns a challenge made by a disabled man against the duty owed by the local authority to a disabled person under the Chronically Sick and Disabled Persons Act 1970. The legislation stipulates in place of directly providing services, a local authority may make a direct payment to a disabled person.
However, the appellant challenges by way of a judicial review a decision made by the defendant to pay the appellant £85,000 annually which the appellant maintains “was not adequately supported by reasons or because it was irrational.” The appellant asks the court to consider the House of Lords decision in R v Gloucestershire County Council, Ex parte Barry which relates to the extent to which the resources of a local authority may be taken into account.
The Supreme Court dismissed the appeal unanimously. The court held that the challenge to the rationality of decision fails as the respondent was completely rational in deciding to pay the appellant £85,000, as it was the around the maximum amount available under the calculation systems. However the court decided not to quash the original local authority decision as if the appellant’s entitlement were to be re-considered, it might be to the appellant’s disadvantage.
Click here to see a press summary by the Supreme Court.
Meanwhile, South Australian politician Kelly Vincent has proposed a private member’s Bill to protect people with disabilities in that state by introducing mandatory reporting of suspected abuse. The Mandatory Notification Bill introduced aims to bring South Australia up to speed with reforms that are taking place in Victoria and Queensland.
She commented “for too long adults with both physical and intellectual disabilities have found themselves at the hands of abusers with no adequate protective mechanism available.” The new Bill will “require voluntary or paid workers such as medical practitioners, nurses, police officers, social workers, allied health professionals and ministers of religion to report suspected abuses within health, residential, education, recreation and other similar settings.” If successfully passed through Parliament, Vincent maintains that the legislation would “enshrine in law a mandatory requirement for prescribed people to report suspected abuse to the Public Advocate.”
Click here to read an article on the issue.