The family of an autistic man have won a High Court case against a council that wanted to deduct more than £2,000 a year from his benefits.
Michael Sherratt, 27, is an autistic man with learning difficulties. He lives with his mum, Stephanie, who is his primary carer.
The Royal Courts of Justice in London, which houses the High Court and which saw the family of an autistic man defeating their local council over his benefits
Michael has a care plan and Bolton Council has assessed him as having high levels of need.
He receives additional support for this, covered by direct payment and state benefits.
Change over care costs
Before 2022, Bolton Council did not require him to make a financial contribution towards the cost of his care.
But, after a financial assessment in March 2022, the council demanded he contribute £39.92 per week.
The council said any disability-related expenditure (DRE) must be ‘relatable or attributable’ to his care plan.
It argued that his Personal Independence Payment (PIP) covered travel costs.
It also argued that items such as lunches for a personal assistant couldn’t be classed as DRE because he wasn’t responsible for providing them.
Council accepted family’s points
The family, from Westhoughton, Bolton, instructed specialist public law and human rights lawyers at Irwin Mitchell to challenge the decision.
Following an application for judicial review in the High Court, the council accepted all the family’s points. It will pay the court costs.
The council said it will now review its policies to ensure compatibility with the Care and Support Statutory Guidance.
In his judgment, Mr Justice Fordam said the council had “breached its basic public law duty to ask the legally correct question. The decision needed to be retaken lawfully.”
He also pointed out the council never entered a defence against the family’s claims.
Result ‘could have significant implications’
Irwin Mitchell said the case could have significant implications for other families.
Gerard Devaney-Khodja is the specialist public law and human rights specialist at Irwin Mitchell who supported Michael and Stephanie.
After the hearing, he said: “The news that the council has accepted the family’s points in respect of DRE isn’t just a victory for Steph and Michael but for the wider community of people who care for adult family members with special needs.”
‘My family aren’t alone’
Michael’s mum, Steph, is the founder and chief executive of Breaking Barriers Northwest. It is a charity that supports disabled children, young people and their families across the region.
She said: “As CEO of a charity with a reach of over 2,000 families, it soon became apparent that my family aren’t alone in being refused DRE for items essential in the lives of our disabled adult children.”
Irwin Mitchell instructed barrister Benjamin Tankel of 39 Essex Chambers to represent the family in the judicial review proceedings.
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