Expert Lawyers at Irwin Mitchell Prepare to Issue Court Proceedings

Families fighting controversial plans to close a respite centre for disabled children are gearing up to launch a fresh legal challenge against the decision.

The future of Nascot Lawn in Watford is in jeopardy after health bosses at Herts Valleys Clinical Commissioning Group (HVCCG) announced it intended to stop the £650,000 funding it provides for respite services. 

A legal challenge against the decision, which was originally announced earlier this year, was launched. However, days before a judicial review was due to be heard in the High Court over the legality of proposal, the CCG agreed to set aside its decision to stop funding.  The High Court quashed its decision and ordered the CCG to pay the legal costs.

Now health bosses have once again decided to withdraw the funding, putting the centre back at risk of closure.

Families of children who use Nascot Lawn have once again instructed specialist lawyers at Irwin Mitchell to take up their fight to save the centre run by HVCCG.

Irwin Mitchell wrote to the CCG stating that the new decision was also unlawful on the basis that it breached its duty under the National Health Services Act and the Equality Act, and that it had failed to lawfully consult with families.

After the CCG refused to back down, the law firm’s Public Law team is now set to issue fresh court proceedings.

Alex Rook, the Partner at Irwin Mitchell’s London office is representing the families.

Expert Opinion

HVCCG have said that it is not required to consult with families, which in our view is unlawful. Our clients consider that the CCG has also failed to co-operate with the Hertfordshire County Council to establish viable options for providing respite care to children who use Nascot Lawn, despite the council’s attempts to get them to do so.

“Even now there is absolutely no clarity regarding what care options are available. This has meant that the families who rely on the vital services Nascot Lawn provides have not been able to give an informed response to the consultation.

“As throughout this process we believe that the CCG has not properly considered its legal duties before reaching a decision which is likely to have a devastating impact on these families.

“We are determined to ensure that the families affected by this have their voices heard on the matter.” Alex Rook - Partner

A petition to keep the centre open has gained over 15,000 signatures and the issue was discussed in the House of Lords. Six local MPs have also written to the Department of Health inviting NHS England to hold HVCCG to account. 

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.

Gurpreet, who needs medical supervision to manage chronic renal failure, tube feeding and medications, currently uses the centre for four nights a month for overnight respite.

Satnam said: “We were delighted when the High Court quashed the CCG’s first decision, and thought that our struggles may be over.  But instead the CCG does not seem to have listened to local people at all, and just a few weeks later we are once again faced with prospect of all our lives being turned upside down.

“Nascot Lawn is a godsend for Gurpreet. She really enjoys visiting the centre and has built up a great relationship with the staff who do a brilliant job in looking after her.

“We just feel that once again our concerns have been ignored and the CCG has paid lip service to speaking to families.  They won’t even say that we are entitled as local people to be consulted on this decision.

“Our family and others families who desperately need Nascot Lawn are determined to fight this all the way.”

Emma Turner’s 10-year-old daughter Sienna Scott also uses the centre two nights per month.

Emma, from Hemel Hempstead, added: “The last few months have been really difficult for all the families who use Nascot Lawn. We’re fraught with worry about what the implications of any closure would mean for our children. 

“While it would mean massive upheaval for Sienna if the centre closed, it would not be as bad if I knew there was at least somewhere else which provided the care and support my daughter needs.

“A lot of the families just feel like our concerns are being ignored by those making the decision.  I would urge them to reconsider their decision – they shouldn’t be putting a price on providing care to vulnerable children.”

Angelina Sclafani-Murphy and her son Liam also rely on Nascot Lawn.

She said: ‘I am very disappointed in HVCCG’s response.  HVCCG stated publicly that they are committed to my son’s care and respite as it is their responsibility because he has Continuing Health care. However, they took their decision before securing a viable, realistic respite option for the child they claim to have responsibility for. Hertfordshire County Council cannot currently state that Liam will be welcomed at their centres due to his complexity and other hospice options are too far away.

“HVCCG claimed they are committed and yet shy away from any real responsibility for his respite needs.’

Amanda Batten, CEO of Contact, the charity for families with disabled children, says “Our research has found that a quarter of UK parents with disabled children provide an unimaginable 100 hours of care a week. Access to good quality support like the short breaks service offered by Nascot Lawn, provide a lifeline to disabled children and their families, enabling them to stay together, work and have a quality of life most families take for granted.

“It’s heart breaking to see the small amount of support they do receive being reduced or taken away as short term measure to cut budgets at a local level lead to what are ultimately poor decisions."