Whilst everyone involved with Social Care and Health are correctly concerned about cuts at the moment, Commissioners need to remember they must comply with the law.

Irrespective of any funding pressures they may face, they cannot get away from complying with their statutory and legal duties.

Statutory bodies cannot justify failure to carry out their legal obligations because of budgetary pressures.

Recent case law confirms this to be the case.

Also Health and Social care statutory bodies cannot change the care services it offers the general public overnight.

The law tells us that a more regulated process around any change needs to happen that makes sure scarce resource are distributed according to need.

Again it was recently held by the Courts that a Council could not withdraw services without reassessing needs of the individual service users. ‘Blanket’ changes were not to be allowed.

Recently some Councils tried to cut funding to the Voluntary or Third sector and/or reducing service levels and again this was found to be unlawful as it did not comply with equality legislation including the Disability Discrimination Act 1995 which refers to the need to promote equal opportunities between disabled and non disabled people.

Just for once it is absolutely essential for Statutory bodies to work closely with their Lawyers before implementing cuts which can later be challenged.

An example of this has already occurred where I work, as one local authority arbitrarily decided to cut access to public transport to disabled people for free before 9.30 in the morning without prior consultation. This was a decision which left them in my view open to potential challenge which contrasted with another local Council who did consult and who decided it was not a cut worth making.

Hard decisions for hard times.