Supreme Court upholds ‘absolute duty’ to meet severely disabled people’s needs

31.05.12 |

The Supreme Court has today handed down judgment in R (KM) v Cambridgshire CC, a challenge to the lawfulness of a care package for a severely disabled young man. Although the Supreme Court criticised the approach of the Court of Appeal the appeal was dismissed on its facts. The judgment given by Lord Wilson on behalf of six Justices re-emphasises the need for funding to be reasonably sufficient to meet the eligible needs of disabled people, no matter how expensive this may be for the state.


The Supreme Court approved the use of controversial Resource Allocation Systems only as a 'first step' in a lawful care planning process. The majority judgment also called for a 'high intensity of review' by the courts of the lawfulness and sufficiency of care packages for severely disabled people.


KM was represented in the Supreme Court by Ian Wise QC, Steve Broach and Ben Silverstone. The judgment and press summary are available on the Supreme Court, to view please click here.

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