September 2023 – Personal Budget

04/09/2023

In March 2020 a claimant with autism spectrum disorder and learning difficulties (among other disabilities) left a specialist college and returned to live with her parents. Croydon Council assessed her needs in October 2021 and concluded that she needed an indicative support budget of £1,200 a week to meet her support needs (representing 96 hours of support a week).

In February 2022 and without informing the family, a care and support plan had been completed (following a meeting of the funding panel) replacing the indicative support package with one amounting to 35 hours a week, amounting to £437.50. On appeal, the court held

The decision to provide 35 hours of support was unlawful since the council had failed to show a reasoned decision on how it intended to meet the needs of the claimant identified in the October assessment

No adequate reasoning was ever provided to the claimant or her family

The council had unlawfully failed to meet the needs of the claimant prior to February 2022 and

The council had breached statutory guidance by determining the personal budget and the care support plan of the claimant without properly involving her or her family

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