Coronavirus Act ‘leaves councils free to abandon disabled people’

Councils will be free to abandon disabled people under the UK government’s coronavirus response.

That’s the warning from disability charities over the new Coronavirus Act.

No obligation over social care

Disability Rights UK, a pan-disability charity, says councils will no longer have to provide social care.

Councils would only have to provide care where human rights would be breached.

‘Vital lifeline’

Fazilet Hadi is policy head of Disability Rights UK. She said only those with the highest needs get care and councils should not leave them “without this vital lifeline”.

The charity has written to the UK government urging it against dismantling rights. It did this alongside Mencap, the National Autistic Society (NAS), Scope and other charities.

Jenni Richards QC, Victoria Butler-Cole QC, Sian Davies, Jonathan Auburn, Joanne Clement and Steve Broach are all specialist public law barristers.

In a joint statement they have said case law on breaches of human rights in social care “sets a high threshold”.

Risk of no entitlement to care

They say the Act risks leaving “many disabled adults with no entitlement to care (at a time when their need for care may be considerable)”.

The Coronavirus Act became law on 25 March. Under it, schools no longer have an obligation to educate children with an education, health and care plan (EHCP). 

The Act also says the detention of someone under the Mental Health Act now only needs one doctor’s opinion rather than two. And time limits on detentions will be extended or removed.

Restoration of full support promised

A spokesperson for the Department of Health and Social Care said it would do everything to ensure councils “continue to provide care”.

The department said the Government would restore full support when the crisis is over.

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Published: 31 March 2020