Government to review upper limit on Disabled Facilities Grant after judicial review settled
The Government has agreed to review the limit on grants to fund specialist adaptations to disabled people’s homes, following a legal challenge brought by a family left unable to meet their six-year-old disabled child’s needs.
The family’s home in London requires an extension to provide an extra bedroom and additional space for equipment related to the child’s disability.
The extension is estimated to cost up to £100,000 while the limit on a Disabled Facilities Grant (DFG) is set at £30,000 in England.
Grants are paid through local authorities.
A review carried out in 2018, commissioned by the Government, had recommended that the upper limit should rise in line with inflation, with further allowances made for more expensive areas.
In a subsequent White Paper published in December 2021, ‘People at the Heart of Care: adult social care reform’, the Government committed to increase the amount that a DFG can pay for an individual adaptation.
Law firm Irwin Mitchell said the dropping or de-prioritisation of this commitment had lead to the judicial review challenge.
The case has been settled on the basis that the new Government has agreed to begin a review of the upper limit within the next six weeks, Irwin Mitchell said.
The review, which will take no longer than three months, will consider the impact of the £30,000 limit on disabled people who may require adaptations costing more than this amount.
Following the Government’s agreement to review the DFG upper limit, Tower Hamlets Council has approved the family's application for a DFG to cover the full costs of the extension required.
In a statement made via Irwin Mitchell, the boy’s mother said: “Given the grant doesn’t now cover the costs people in our situation face anywhere in the country, we know there must be many more parents in the same situation as we are.
“Hopefully this decision can now start to change people’s lives for the better and allow those with disabilities and their families to live with the dignity they deserve and the chance to simply live a normal life.
“Following this case and the decision by our council to approve the DFG, we’re cautiously optimistic that we can now start to see a light at the end of this and start to move forward with our lives.”
Oliver Carter, the Irwin Mitchell solicitor representing the family, said: “The news that the Government has accepted the upper limit of the DFG needs to be reviewed is a victory for our client but also for all disabled people in England and Wales who may need adaptations to their homes.
“The upper limit has remained unchanged for the best part of two decades despite building costs and the cost of materials spiralling. As a previous review has shown, it cannot cover the cost of extensions in many parts of the country, leaving people unable to adapt their homes to meet their needs.”
A Department of Health and Social Care spokesperson said: “We know how important high-quality, safe, and suitable homes are in enabling people to live as independently as possible, and this government is committed to ensuring everyone lives a dignified life.
“The Chancellor committed in her Budget to boosting the Disabled Facilities Grant by £86 million next year. This will support almost 8,000 additional home adaptations, increasing the independence of those with care needs and reducing hospital admissions.”
Harry Rodd
