The report, Calling for Clarity, examined the short-break criteria of 60 councils and found that 28 per cent are likely to be using banding or other forms of criteria illegally to limit access to services.
A further 10 per cent were placing blanket exclusions unlawfully on groups of children with certain disabilities and 10 per cent were capping the hours available. A further eight per cent did not make their eligibility criteria readily available to the public. One in 10 had no guidance in place.
EDCM's research was undertaken following a judicial review in March last year against the London Borough of Islington. Mrs Justice Black ruled that Islington's criteria did not meet legal requirements.
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