Thousands of disabled people in one county should benefit from care charging legal case victory

Hundreds, or even thousands, of service-users in Kent should benefit from a legal case taken by a disabled woman who spent years over-paying care charges because the county council failed to tell her about crucial rules.

Kent County Council – which is now run by the right-wing Reform UK party after a landslide election victory earlier this year – has now backed down and agreed to do more to tell disabled people in the county how calculating their disability-related spending could reduce their care charges.

A disabled woman known as PXA had been forced to cancel her council-funded support because she could not afford the higher charges imposed in September 2024 when the council changed its charging policy, leading to her and thousands more disabled people in the county seeing sharp increases in their weekly care charges.

After seeking legal advice, she learned that she had been overpaying her care charges for years because her disability-related expenses had never been assessed.

PXA won permission for a judicial review of the council’s actions, but the local authority backed down and settled the case, days before a trial was due to begin last week.

The case revolved around the council’s failure to do enough to tell disabled people about the disability-related expenditure (DRE) system.

When calculating a person’s social care charges, a local authority must – if it treats their disability benefits as income – deduct what that person spends in DRE.

But Kent County Council’s policy since 2003 had been to deduct a standard amount for DRE and only to carry out an assessment of their actual spending if the disabled person asked for one.

The council set this standard amount at £21 in 2003, and reduced it to £17 in 2011, failing to increase it to allow for inflation for the next 14 years.

Legal firm Gold Jennings, which represents PXA and three other claimants, found that between them they had overpaid tens of thousands of pounds in care charges.

The firm believes there are “hundreds if not thousands” of other disabled people in Kent who were unaware that they should request an assessment of DRE to try to reduce their care charges.

The council’s own statistics show that, of about 16,000 individuals paying for their care in the county, only a few hundred had requested a DRE assessment.

Gold Jennings said PXA’s case was assisted by “compelling” evidence from the disabled people’s organisation Inclusion London, which used its virtual DRE assistant to highlight how disability-related spending for many people was likely to be significantly more than the £17 per week used by Kent County Council.

Even the council’s own figures – using individual assessments carried out in the 11 months after the September 2024 policy change – put average DRE at £55.46 per week.

Disabled people with this average level of DRE would have been overpaying care charges by nearly £2,000 per year.

PXA provided evidence that she had “never properly been told about DRE or that she could request an assessment”, said Gold Jennings.

The council has now agreed to make significant changes to its policy, including referring to DRE in its annual charging letters; providing clearer guidance in its DRE factsheet; and changing guidance to ensure council staff tell claimants about DRE and its importance in cutting charges.

It has also agreed to credit a “goodwill” amount to PXA to reduce her future care charges.

Svetlana Kotova, director of campaigns and justice at Inclusion London, said: “We are pleased with the outcome of this legal challenge and sincerely hope the changes that Kent agreed to make will enable many disabled people who use social care to keep more of their money.

“This case shows very powerfully the problems in practice with the DRE assessment process, which in theory allows disabled people to prove their extra disability costs so that they can keep more of their disability benefits, but is often unworkable.

“People don’t know about DRE and the process of claiming it is very complicated and often demeaning.

“It is wrong that people with very high support needs end up being overcharged for the essential care they need.

“This just pushes disabled people into deeper poverty.

“This is why Inclusion London have been campaigning to scrap care charging altogether.”

Clare Jennings, head of public law at Gold Jennings, said the consequences of the council’s actions were that her clients had been overpaying by thousands of pounds a year for their care, for many years.

She said: “I am deeply concerned that my clients’ situation is not unique and that there will be hundreds, if not thousands, of others like them in Kent, and thousands more in other local authority areas who operate similar policies, who have overpaid for their care, enriching local authorities by tens of millions of pounds.”

A council spokesperson said: “Faced with increasing demands for complex care, rising costs of care and a lack of adequate funding from central government, we are having to take tough decisions to make sure future essential services are sustainable.

“Unlike a number of other UK councils, Kent County Council delayed using powers given to local authorities under 2014’s Care Act to take into account higher, or enhanced, rates of disability benefits when assessing how much people should contribute to the cost of their care.

“Following public consultation in 2024, the decision to change this policy and increase the amount some people contribute to the cost of their care was not taken lightly and we included a £900,000 contingency in the budget to help with increased disability-related expenses.”

Picture by Google: Kent County Council’s Maidstone County Hall

A note from the editor:

Please consider making a voluntary financial contribution to support the work of DNS and allow it to continue producing independent, carefully-researched news stories that focus on the lives and rights of disabled people and their user-led organisations.

Please do not contribute if you cannot afford to do so, and please note that DNS is not a charity. It is run and owned by disabled journalist John Pring and has been from its launch in April 2009.

Thank you for anything you can do to support the work of DNS…