High Court

R (Luke Davey) v. Oxfordshire CC Court of Appeal 2017 #SaveWILG

The following article is from a website produced by Luke Clements who is a Professor of Law at Leeds University and a Solicitor.

This is an invaluable piece of writing from Mr Clements who would certainly a good person to speak with and have as an ally for our campaign. I remember Sheila Meadows OBE mentioned the work that Mr Clements had been doing many years ago, but he recently came to my attention again following an email from Ann James who has a professional and personal interest in Social Care in Wales. She set up this journal with Luke Clements last Autumn and it is a resource which enables critical discussion and analysis of social welfare law in Wales. It also provides exposition of  the SS&WB (Wales) Act 2014, and provides briefings on aspects of the law.

It is really encouraging to have received an email from someone so knowledgeable at the start of a very important period for the #SaveWILG campaign.

Without further ado here is the excellent article that I will also email to all of my campaign team as we prepare for the Welsh Labour Conference on April 20-22.

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People in Wales in receipt of the Independent Living Grant, the Welsh Government’s interim measure to soften the blow of the closure the Independent Living Fund (ILF) would have followed R (Luke Davey) v Oxfordshire CC and the subsequent appeal with interest in the hope that the Court of Appeal would overturn the earlier High Court decision.

The Welsh Government has confirmed that the Independent Living Grant will continue in Wales until March 2018 and in the subsequent year all those who previously received the ILF will be re- assessed and have their care and support provided for by their local authority.

It is likely that many former ILF recipients will see attempts to reduce their care and support funding in the same way as Luke Davey.

In this case we have seen the High Court loathed to strike down the Local Authority decision as being irrational and the Court of Appeal found no reason to interfere with the decision of the High Court.

One should take heart that Davey does not give local authorities a carte blanche – and it should most certainly not be taken as creating an open season to cut services. It decides that the well-being duty is a legally enforceable obligation and that once a support plan has been agreed local authorities must provide the funds to meet every aspect of that plan. It also states – in terms – that once there is evidence that a direct payment is insufficient to secure suitably qualified carers then the local authority must address this by increasing the amount paid.

Davey is a case ‘on its facts’: disheartening and quite possibly a personal tragedy for Luke Davey. Cases of this kind come along infrequently but they do not upend the social care legal order.

For us in Wales, the excellent Merton decision and the facts of the Davey case, provides the basis for disabled people to expect an assessment that gives primacy to their well-being outcomes identified by the person being assessed or their advocates. It highlights that Local Authorities need to provide a rational for any changes in provision that will stand up to the test of irrationality should it be challenged in the Courts.

The transition to local authority provision for previous recipients of the ILF is not an automatic signal for a reduction in care provision for the individual who is eligible for care and support.

Memory Match – 10-04-05

Throughout the 2017/18 football season I will be contributing to the Wrexham AFC matchday programme. I will be penning a feature called Memory Match, a look back at classic Wrexham games from the past that I will share in this blog over the coming months.

This is the third successive season that I have been writing the Memory Match column. Indeed, when I have written a Memory Match for every Football League season I would like to compile all the columns into a book that will reflect the rich history of my beloved football club.

10-04-05

Wrexham v Southend United

Football League Trophy Final

Millennium Stadium

Result: 2-0 (after extra time)

Wrexham: Foster, Edwards, Morgan, Ferguson, Lawrence, Roberts (Pejic), Crowell (Bennett), Jones (Williams), Ugarte, Llewellyn, Holt

Goalscorers: Ugarte (99), Ferguson (118)

Southend United: Flahavan, Jupp, Wilson, Pettefer (Guttridge), Prior, Barrett, Maher, Gower (McCormack), Eastwood (Dudfield), Gray, Bentley

Attendance: 36,216

It had been a depressing season, both on and off the pitch. This is not the time, nor place for a lengthy analysis of the turmoil caused by Alex Hamilton, but I must provide some context.

On 3 December 2004 the club was placed in administration by the High Court as we owed £2,600,000, including £800,000 to the Inland Revenue. Wrexham became the first League club to suffer a ten-point deduction for being placed in administration, causing them to drop from mid-table to the League One relegation zone.

Despite their financial turmoil, Wrexham reached the LDV Vans Trophy final against Southend United at the Millennium Stadium after beating Notts County (2-3), Stockport County (2-0), Chester City (0-1), Hereford United (1-2) and Oldham Athletic (6-3 on aggregate) on route to the Cardiff showpiece. It was Southend’s second consecutive appearance in the Football League Trophy final after losing to Blackpool (0-2) in 2004.

There were no surprises in Wrexham’s line up with Mark Jones, Carlos Edwards and Craig Morgan, all recovering from injuries. Midfielder Danny Williams was named as one of the five substitutes having overcome back problems, while Alex Smith, Chris Armstrong, Scott Green and Levi Mackin were the unlucky players not to make the final sixteen.

Wrexham began brightly and would have taken an early lead if Juan Ugarte’s goalscoring instincts not prevented him from passing to the unmarked Chris Llewellyn in the 11th minute.

Unfortunately, Steve Roberts had to hobble off on 14 minutes. He was replaced by Shaun Pejic, but this did not disrupt our flow as Ugarte proved when he curled a shot just wide.

It was not all one-way traffic though as Southend’s Freddy Eastwood threatened fleetingly, and Mark Bentley produced fine saves from Ben Foster both sides of the interval.

Twenty minutes from time Bentley’s header hit his own bar. The ball bounced back into play and Bentley challenged Ugarte for the rebound, with the Wrexham player winning only to see his header hit the post and eventually fall into Darryl Flahavan’s arms. Southend had escaped and forced the game into extra-time.

The contest turned on a disputed corner from the left by Darren Ferguson in the ninth minute of extra-time. The ball was headed goalwards by Dennis Lawrence for Ugarte to flick home from close range for his sixth goal of the competition. We had one hand on the prize…

Two minutes from the end, Flahavan could only palm Llewellyn’s shot into Ferguson’s path and he coolly slotted the ball home from 10 yards to send the best-part of 20,000 travelling Reds into raptures.

This vital victory brought with it up to £500,000 cash which helped keep the clubs future alive while administrators worked to find a new owner.

Supporters Trust representative, Lindsey Jones said: “It was a fantastic day. There were so many people there, and a lot of people we don’t see every week. If they didn’t have the bug before, they will now.

“Long term I hope this will attract more supporters, and in turn make north Wales as a whole support the club.”

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Wrexham still retained an outside chance of escaping the drop with six league games left. They were only eight points from safety, but it was a case of after the Lord Mayors show as Denis Smith’s men slumped to two defeats – Bristol City (1-0) and Luton Town (1-2) –   following the excitement of Cardiff. Brief excitement and belief began to grow after victories on the road against Port Vale (0-2) and Stockport County (1-4), but relegation was confirmed with a 1-2 home defeat against Brentford on 3 May 2005.