Supreme Court judgement: 'No winners or losers'

Association of Directors of Adult Social  Services
Date: Wednesday 6th July 2011
Embargo: Immediate

Following the decision taken by the Supreme Court in the Elaine MacDonald judgement this morning ADASS President Peter Hay said: "As this week's and recent events have clearly shown, there is widespread understanding that social care is a broken system. It has been broken by years of underfunding relative to demand, and by retaining an archaic legal framework based on the concept of national assistance with poor law overtones.

"ADASS remains absolutely committed to supporting and developing the long
overdue reform of the care for adults.


"In the interim period though, directors and councils are in an invidious position.  Charged with somehow making a broken system work, councils now have risen to the challenge of reducing spend - which in effect makes the gap between demand and resources all the greater. ADASS's budget survey earlier this year showed that despite the financial support to care given by the Government and by councils, that gap grew by a further £1bn in this current year.


"In that context very difficult decisions have to be taken. These are not easy and are not taken lightly by those charged with meeting the care needs of people and communities with the inadequate finance and frameworks that we have been given. The Association also notes the growing use of legal challenges to all such decisions. These indicate that there isn't a wider understanding of the challenges facing councils. When everyone supports the analysis that the system is under-resourced, it is a paradox that councils face heavy legal pressures demanding heavy resources."


Mr Hay added: "The only real way forward is for Government to make clear signals about the reform programme, building on the proposals to increase resources made by Andrew Dilnot in the report his Commission on care funding published earlier this week."




For further information contact:

Peter Hay, ADASS President, 0121 303 2992

Drew Clode, ADASS Policy/Press Officer, 020 8348 5023/07976 837755