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Irwin Mitchell’s Public Law team recently acted on behalf of two clients, both disabled children who were in receipt of a ‘short break’ service when their families were informed by letter that funding would be withdrawn with effect from 1 April 2011. The Defendant Council terminated the funding it was providing to the charity KIDS in order for the Claimants and other disabled children in its area to receive ‘short breaks’.
KIDS is a national charity set up in 1970 which now supports disabled children and their families across England. The types of activities undertaken during a short break include going bowling, swimming or going to get a hair cut.
The Claimants (our clients), both disabled children, faced serious detriment as a result of this decision;
Irwin Mitchell challenged the Council and contended that their discontinuation of funding for the KIDS service was unlawful because it:
Irwin Mitchell sought to have the Defendant’s decision quashed as unlawful and to have certainty (by way of order or agreement) that the service would continue to be funded until the Defendant had made a fresh and lawful decision.
Irwin Mitchell were successful in their challenge and the case was settled. Following negotiations between the parties the Defendant Council agreed to continue to fund short breaks through KIDS for our clients and all the families previously in receipt of this service.
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