Specialist Lawyers Given Permission To Challenge Council Consultation Process At Court of Appeal

Shropshire residents are to take their battle to stop the closure of day care centres for adults with learning disabilities to the Court of Appeal after being given permission by a judge to challenge an earlier High Court Ruling in the council’s favour.

Experts in Public Law at Irwin Mitchell are instructed to act on behalf of four adults with learning disabilities and sought a Judicial Review at the High Court in December last year of Shropshire Council’s decision to close the centres.

Although the Deputy High Court Judge ruled in the council’s favour, Lord Justice Kay, Vice President of the Court of Appeal, stated today that he “would not hesitate to grant permission to appeal.” The residents affected will now bring their case on why the council’s consultation was unlawful to the Court of Appeal as their legal battle to try to keep as many centres open as possible continues.

Alex Rook, a specialist lawyer from Irwin Mitchell leading the case says that although they were very disappointed with the previous decision in the High Court, they are confident that their legal argument still stands up and that they will be successful in the Court of Appeal.

Alex said: “Our clients were devastated when they found out in the local media about the day centre closures and are thankful to the Court of Appeal that they are prepared to hear the facts of the case again.

“They have been using the day care centre services for many years, and the vulnerable adult users have made friends with other users and built up a trust with staff at these centres.

“The judge has agreed that the case warrants further examination in the Court of Appeal and we still believe that the consultation was unlawful and that residents were simply not given any information about their day centres, preventing them from being able to make an informed contribution to the decision making process.”

Hartley’s Day Centre was due to close on 5 November 2013 but Irwin Mitchell secured an agreement that the council would keep it open until the High Court hearing. It has since closed but Irwin Mitchell and their clients are hoping that the Council will think again and consult properly about Hartley’s and the other 16 day care centres before reaching a final decision.

Local resident LH, aged 63, requires constant supervision and lives with her sister Jennifer Lee who cares for her in Shropshire. She attended Hartley’s Day Centre in Shrewsbury, Shropshire for over 9 years.

LH attended Hartley’s for four days per week until January 2013, when her care package was altered to two days at Hartley’s with other placements at other centres. LH was not told at this time that Hartley’s was facing closure. LH herself often refuses to go to other day centres, putting extra pressure on her sister Jennifer with whom she lives and on the rest of the family.

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