Council extends consultation on supported living cuts after threat of legal action

Date published: 27 October 2016


Rochdale Borough Council has extended its consultation on a proposed remodelling of supported living for people with learning disabilities following a threat of legal action.

The consultation period, which was due to end on 31 October, will now continue until 28 November.

The Council will also produce an easy read version of the consultation process to enable those affected by the proposed changes to take part in the process.

The move comes after public law experts at Irwin Mitchell informed the local authority of its intention to launch a legal challenge over the council’s proposals for remodelling of supported living.

The Council argues that the remodelling proposals would lead to a wider range of care and support options being made available to disabled people at a lower cost.

However, experts at Irwin Mitchell outlined that the Council failed to give sufficient reasons for its proposals, that it was unclear how the Council arrived at the figures it quotes about the savings it says will be achieved under its proposals and that no information was provided on alternatives for those living in supported accommodation.

Those utilising supported living accommodation in the Rochdale area have argued that the proposals would lead to a move away from small supported living placements and towards larger group homes.

The Council’s proposals could potentially result in a move for people with learning disabilities away from supported living placements with around two to four residents and into placements which will accommodate larger numbers of residents.

Mathieu Culverhouse, a public law expert at Irwin Mitchell’s Manchester office, said: “Our clients believed the proposal for the remodelling of supported living accommodation by Rochdale Council were in breach of the Council’s statutory duties.

“We are glad the Council has extended the consultation date and taken steps to ensure an easy read version of the consultation is published by 2 November, which will enable those vulnerable people potentially impacted by the proposed changes to contribute to the debate and raise the very serious concerns they have about the local authority’s proposals.

"However, there remains concerns that the information published to date by the Council fails to provide service users and their families with sufficient information and we will be reviewing the position in light of the new documents to be published by the Council.”

The Council has issued a press release that makes no mention of the threat of legal action but does confirm the extension to the consultation period. Instead, the Council claims to have 'listened to calls from residents and service users to extend the deadline, so as many people as possible can take part and give their views'.

Councillor Iftikhar Ahmed, cabinet member with responsibility for adult services, said: “We want to ensure that all service users and their families have more time to contribute to this important debate. There will now be further consultation activities, including workshops with service users.

“I am absolutely clear that the proposal to extend the range of accommodation and support services for people with learning disabilities will provide more choice. It will also ensure that each individual person can access a service that meets their particular needs.

“By extending the consultation we are ensuring everyone has been fully engaged, consulted and involved in this decision. As we have said from the start, no-one will be forced to move and no final decisions have yet been made. However, the current arrangements are not suitable for everyone and our plans will increase the range of options available to service users.”

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