November 2023 - Disability Related Expenditure
An individual with autism spectrum disorder (ASD) challenged his local authority’s decision not to treat the costs associated with his attendance at a local support group as disability related expenditure (DRE).
As part of his care plan, he attended a social and life skills group three times a week, for which he was required to pay approximately £15 a day.
The local authority refused to allow these costs as DRE, arguing that he had chosen to do these activities and it was wrong to assume an activity was disability related just because it was accessed through the group.
The court found the decision of the local authority unlawful. The care plan noted that the activities were designed to help the claimant with social skills and relationships and that he had an assessed need for support to develop and maintain personal relationships. The blanket approach taken by the council was deemed flawed. The court held that the real issue was whether the costs were rationally linked to his needs arising out of his disability and if so, whether they were reasonable in amount.
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