DISABILITY charities have been celebrating a high court victory in a landmark case against Harrow Council today.

The council's decision to restrict adult care to critical cases was ruled to be unlawful under the Disability Descrimination Act by Judge David Mackie.

The policy would have meant disabled people with substantial needs would be refused care.

Councillors will now have to reconsider their position.

The Public Law Project, a legal charity which brought the case on behalf of three local residents, said those losing out could have included people who are unable to carry out the majority of their own personal care and have only partial control over their immediate environment.

Dame Jo Williams, chairman of the Learning Disability Coalition and chief executive of Mencap, said: "This whole case raises questions about the very existence of eligibility criteria and whether it is compatible with the areas of the Disability Discrimination Act that were set out to safeguard the rights of people with a disability.

"There has to be a system that allows people with a learning disability to get the individual support they need to lead an ordinary life."

Despite the ruling, the council could still reintroduce the policy as long as it takes into consideration the terms of the Disability Descrimination Act.

Councillor David Ashton, deputy leader of the council and portfolio holder for finance, said: "We are pleased that the court has not quashed our decision.

"We accept the judge's conclusions. Nothing will happen until we have given proper consideration to our legal duties to disabled people.

"This was not a decision that the council wanted to make but one we were forced to take in response to the need of balancing the budget in response to consistently low government grants."

This was the first case of its kind and could set a precedent for other councils planning to introduce similar policies.