Thomas Bridge 09 December 2014

Closure of Independent Living Fund for disabled ruled lawful

Charities have voiced disappointment after the High Court upheld a Government decision to close the Independent Living Fund (ILF).

It is thought around 17,000 disabled people will be affected by the closure of the ILF in June next year, after a bid by the Equality and Human Rights Commission (EHRC) failed to overturn the actions of former mister for disabled people, Mike Penning.

Lawyers argued the minister had not been given sufficient information to properly assess the impact of shutting down the ILF, which provides additional funding for disabled people to support independent living on top of local authority care packages.

Offering her sympathy to those disappointed by her ruling, Mrs Justice Andrews rejected the application for a judicial review of the process and stated the information offered to Penning had offered details on the impact of the ILF’s closure in ‘sufficiently unambiguous terms’.

Deafblind charity Sense warned the judgement would have ‘disastrous consequences for many disabled people who have come to rely on this vital support’.

‘The current social care system is chronically underfunded and the ILF has a vital role in helping some of the most vulnerable members of society to play a part in society. The plan to close the Living Fund will put extra pressure on disabled people as they face re-assessment for this vital support,’ Richard Kramer, deputy chief executive of the charity, said.

Disability charity Scope said it remained ‘very concerned’ about the closure of the ILF, warning it was ‘likely to lead to fewer disabled people being able to live independently’.

The charity’s chief executive, Richard Hawkes, said: ‘Funding will be transferred to councils, but there will be no guarantee that the money will be used to support disabled people to live independently, or that former ILF users will receive the same levels of support, given the pressures on local authority finances.

EHRC disability commissioner, Chris Holmes, said: ‘This judgement means a wheel chair user has no effective legal rights if unable to gain access to a bus because a traveller blocks the designated wheel chair space and refuses to move.’

The Government said the ILF ‘remains committed to supporting its users between now and 30 June 2015’ and would ‘continue to prepare them for transfer to their local authority or any agreed new arrangements within the devolved administrations’.

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