THE LEGAL battle over County Hall’s social services cuts has taken a fresh twist after a council decision was ruled ‘unlawful’ in a test case.

Birmingham City Council now has to reconsider its decision to cut back the support given to disabled adults after a judge said it could have a ‘devastating’ impact on people.

The historic verdict could have an impact on Lancashire County Council, which is fighting a similar action from the same firm of solicitors, Irwin Mitchell.

The company is acting on behalf of disabled people and parents of disabled children who are affected by the cuts.

Last night council bosses said they were considering the results of the court case.

They hope differences between the two councils’ approaches will strengthen their case. But if the judicial review goes against them, they will have to return to the drawing board.

The council has already agreed a cuts package of £180million and is facing two separate actions.

Next week a judge will decide whether than will continue to court.

One relates to children’s respite care, which is facing a shakeup and the closure of at least one centre.

The other concerns the decision to raise the threshold for receiving adult social care from ‘moderate’ to ‘substantial’.

It is estimated that 3,900 people face losing their care when they are reassessed. The two measures have been paused until the legal action is complete.

Birmingham City Council’s measure was more extreme, raising the limit from ‘substantial’ to ‘critical’, and the council’s lawyers hope this will be crucial.

The key decision for the judge will be whether the council consulted properly, in line with disability legislation, before reaching its decision.

A spokesperson for Lancashire County Council said: "We are looking carefully at the Birmingham judgement. Whilst there are some clear differences between their case and the claims brought against us, we will consider any implications it may have for us."