Overview

An urgent strategic litigation funding appeal which concerns fundamental issues of transparency and accountability of central government decision-making around funding for adult social care.

Background
Social care is the support we receive in our own homes, in a care home or in the community to live as independently as possible. Everyday millions of older and disabled people are being denied the social care they need and have a right to. There is an unprecedented consensus across all stakeholders, apart from central government, that a key factor causing the crisis in social care is insufficient funding. This affects all of us – we will all need social care at some point in our lives, either for ourselves or for a loved one.

"The transition from children’s to adult social care was like going off a cliff edge. The Local Authority have consistently tried to say that H needs less care. I have had to fight for his needs to be met. Getting the right social care has been a lifeline.” 

Media Ambassador.

Access Social Care is a specialist legal rights charity working in the social care field. We exist to ensure people get the social care to which they are legally entitled.

For the past 3 years we have been looking at the issue of central government funding for social care. We have made Freedom of Information (FOIA) requests for access to documents relating to how HM Treasury and other relevant departments decide how much funding is needed, the evidence used and how they determine sufficiency.

HM Treasury and the Department for Levelling Up, Housing and Communities refused our first set of FOIA requests on the grounds that the Government needs space to make such policy decisions without fear of the material reaching the public domain. ASC complained to the Information Commissioner. The Information Commissioner found in our favour on the grounds that, having taken into account the current significance of the social care funding issue, the balance of the public interest weighs in favour of disclosure.

Both HM Treasury and Department for Levelling Up, Housing and Communities have appealed to the Tribunal. ASC has been granted its application to be joined as second respondent to the DLUHC appeal and is awaiting the decision on its application to be joined to the HMT appeal. It is likely that the appeals will be joined in response to the application made by both departments and will be heard at full hearing in or around February/March 2024.

Why is this case important and why is our involvement important? 

Government ministers have given evidence to Select Committees that the funding for adult social care is sufficient, but the Government is now unwilling to disclose information about how they have determined sufficiency or how they have determined the funding to be allocated. There is a clear gulf between their assertions of adequacy of funding and the reports of significant shortfalls by non-governmental sectors (academics, think tanks, charities and user-led organisations). We have reason to believe that this is, at least in part, due to decisions being based on inadequate information. However, the opaqueness of government decision-making makes it difficult for those with experience and expertise to identify the gaps and contribute to the decision-making process.

Establishing that this kind of information should be accessible in the public domain is likely to improve the quality of government decision-making in the long term, enabling organisations like ASC and others in the sector to input evidence and participate in budget-setting processes with the ultimate aim of improving access to vital legal entitlements.

As a specialist organisation operating in the social care sector, we will be able, as a second respondent, to assist the Tribunal in understanding the nature and weight of the public interest factors in favour of disclosure and respond fully to any new issues raised by HMT and DLUHC in the course of the appeal.

Why do we need funding? 

We are seeking funding for representation in Tribunal proceedings. To date we have received generous pro bono assistance, including from King’s Counsel with specialist expertise in the information rights field, but further work will incur costs.

We need to lodge our response to the Government’s appeal by 16^th November.  To make this possible we are asking for responses to this fundraising appeal by 30^th October. 

How can you help? 

We are seeking funding to cover our full costs to conclusion of the Tribunal. Fees have been calculated using reduced fee rates.

If you are interested in contributing or would like to find out more before making your decision, please do not hesitate to contact [email protected].

Thank you for your time considering our request.