Campaigners Seek Judicial Review Of “Unlawful” Decision

Specialist lawyers representing families fighting to save an NHS-funded respite centre in Watford have launched a legal challenge against Herts Valleys Clinical Commissioning Group (HVCCG) who took the decision to close the lifeline service.

Families who use the services at Nascot Lawn were informed only last month that the £650,000 funding for the respite services operated at the centre would cease, despite the CCG actually making the decision in January this year.

A petition to keep the centre open has gained almost 14,500 signatures and the issue also being discussed in the House of Lords.

Irwin Mitchell’s specialist public law team has now launched a legal challenge against HVCCG after it refused to reconsider its decision. The matter will now be heard in the High Court within the next few months during which time the centre will be kept open.

The legal experts argue that that the CCG has misunderstood its legal responsibilities, including under the National Health Services Act and the Equality Act, in that there was an unlawful failure to consult with families affected and is a breach of the children’s human rights.
Irwin Mitchell has now stepped up the fight and applied for a judicial review of the decision.

Expert Opinion

“The CCG has failed to undertake a consultation with families before reaching this decision, which they say was taken in order to save over £650,000 per year.

“We believe that the HVCCG has not properly considered their legal duties before reaching this decision, and our clients say that had they properly understood the impact it will have on these very vulnerable children and their families, they would not have made this decision.

“We have already written to HVCCG regarding our concerns about their decision-making process and are determined to ensure that the families affected by this have their voices heard on the matter. The matter will now be heard by the High Court in September or October, before the closure takes place.” Alex Rook - Partner

Among the clients that Irwin Mitchell represents is Satnam Kaur, from Bushey, whose 14-year-old daughter Gurpreet has a range of complex needs and has used Nascot Lawn since she was one. She currently uses the centre for three nights a month for overnight respite.

Satnam said: “Nascot Lawn is a lifeline for Gurpreet, who has built an incredible relationship and bond with the brilliant staff who have worked there over the years. It also gives me time to focus on Gurpreet’s siblings and an opportunity for us to regroup so we can be at our best to care for her when she comes home.

“Without NHS support, Hertfordshire Council simply cannot deliver the level of care Gurpreet needs which includes medical supervision to manage chronic renal failure, tube feeding and medications.”

Emma Turner, from Hemel Hempstead, whose nine-year-old daughter Sienna Scott uses the service for two nights per month, added: “Nascot Lawn is the only place I am aware of that Sienna can go to for overnight respite given her medical care needs. It is somewhere that she is comfortable, and she responds very positively to the continuity of care provided at Nascot Lawn.”

“The potential closure of Nascot Lawn would have a devastating impact on Sienna, myself and our family unit. I do not think that I could send Sienna for an overnight stay at any other respite centre currently provided by the local authority; it would not be safe for Sienna and as a family I think we would be too worried about her and whether she is safe. As such, the closure of Nascot Lawn would almost certainly mean that she would have no social interactions with anyone other than her family.”

Read more about the work of Irwin Mitchell's Public Law Team here