Legal rights charity Access Social Care has won a “landmark court case” which will force two Government departments to reveal important information around the decision-making processes which determine funding for adult social care.

On 15th October 2024, the Information Tribunal ordered HM Treasury and the Ministry of Housing, Communities and Local Government (“MHCLG”, formerly known as the Department for Levelling Up, Housing and Communities) to disclose details around the social care budget decision making process.

Access Social Care’s CEO, Kari Gerstheimer, said: “The social care sector, including local authorities and care providers is broadly aligned that social care is critically underfunded – by £8.4bn to meet future demand, improve access to care and cover the full cost of care by 2024/25. This means that older people and disabled people are not getting the vital social care they need and to which they are legally entitled.

“With such a gap between what Government and the social care sector say is needed to fund social care, there has been a critical need for transparency and accountability. For two years, two government departments refused to share this information.

“Today, we are delighted to announce that the Information Tribunal has supported the Information Commissioner ‘s view that sharing this information IS in the public interest.

“We welcome this finding and call on the new Administration to work with Access Social Care and the wider sector to ensure that funding decisions are based on the right evidence.”

The litigation derived from Freedom of Information requests made by specialist legal rights charity, Access Social Care (ASC) to reveal data available to and used by policymakers in relation to decision making on social care funding. HM Treasury and MHCLG denied the requests. Their decisions were overturned by the Information Commissioner in July 2023, who ruled that disclosure was in the public interest.

The Government appealed the decision in the Information Tribunal, and have now been ordered to disclose the information requested by Access Social Care.

Access Social Care (ASC) is a specialist legal rights charity working in the social care field. It

exists to ensure people get the social care to which they are legally entitled. It provides free legal advice and information for people with social care needs, helping achieve a better quality of life. ASC is working towards a future where social care is adequately funded, and people all get the support they need.

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