Two government departments attempt to overturn the decision of the information commissioner in “landmark court case” to avoid revealing social care data 

In a case that goes to the heart of Government transparency in a well-functioning democracy, today's hearing has seen two Government departments attempt to overturn the decision of the Information Commissioner made in our favour, that the government should reveal crucial data available on social care funding decision making. Disclosure of the information we have requested will allow specialist social care organisations to hold central government to account. Meaningful engagement from the social care sector will help to support the improvement of long-term decision making on social care funding.

Government to appear in “landmark court case” to avoid revealing social care data 

• HM Treasury and the Department for Levelling Up, Housing and Communities (DLUHC) are set to appear in court against the Information Commissioner (ICO) and Access Social Care as a second respondent on the 29th April.  

• The government is challenging a ruling by the ICO that it must disclose details around the decision-making processes which determine funding for adult social care. 

• Legal rights charity Access Social Care has said this will be “a landmark court case for government transparency and accountability in social care, as well as for the many families across the country who rely on adult social care.” 

BACKGROUND

The social care sector, including public bodies, charitable and commercial organisations, are all aligned that social care is critically underfunded. Government’s position is that social care is adequately funded but they are refusing to reveal their maths. For 2 years, 2 government departments have refused to share this information, despite the Information Commissioner stating that sharing is in the public interest.

Access Social Care is a data led legal rights organisation that exists to make sure people can access the social care they have a right to. Through our casework and our data we see that everyday older and disabled people are denied the social care they need and have a right to. This case strikes to the heart of the need for government transparency to enable good quality public decision making.

We are a small organisation challenging 3 government departments on behalf of disabled people , older people and carers to make sure that central government adequately funds adult social care so that we all get the social care we need and have a right to.  

We will keep you updated as this important case progresses. To find out more about the challenges facing social care provision in Britain, read our State of the Nation 2023 report here https://www.accesscharity.org.uk/stateofthenation 

 WITH THANKS

ASC are represented by Niamh Grahame of Public Law Project and Stephen Cragg KC of Doughty Street Chambers. Public Law Project is an independent national legal charity whose mission is to improve public decision making, empower people to understand and apply the law and increase access to justice. We are very grateful for the specialist support of the Public Law Project throughout the duration of this important appeal.