Demand For ‘Unlawful’ Decision On Future Of Service To Be Overturned

Specialist lawyers who are representing families fighting to save a ‘hugely important’ NHS funded respite centre in Watford from closure have written to Clinical Commissioning Groups (CCGs) to demand that the decision is overturned.

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 Herts Valleys Clinical Commissioning Group (HVCCG) and East and North Herts Clinical Commissioning Group (ENHCCG) actually making the decision some time earlier.

It is now expected that the centre, which provides support for families with children with very complex needs, will close in October. Hertfordshire County Council is assessing service users as it develops plans on future support, but the Council itself has said that it cannot make arrangements for the provision of the nursing care required.

The decision has led to a huge public outcry, with a petition on keeping the centre open gaining almost 13,000 signatures and the issue also being discussed in the House of Lords.

Irwin Mitchell’s specialist Public Law team is representing families in their efforts to save the centre and the legal experts have now written to both the HVCCG and ENHCCG arguing that there has been an unlawful failure to consult with families affected, that the decision amounts to a breach of legislation including the National Health Services Act and the Equality Act, and is a breach of the children’s human rights.

Expert Opinion

“The CCGs have 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 CCGs have 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, the CCGs would likely not have made this decision.

“We have informed the CCGs involved of our concerns regarding their decision-making process and are determined to ensure that the families affected by this have their voices heard on the matter." 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 has been a hugely important part of Gurpreet’s life and she has built an incredible relationship and bond with the brilliant staff who have worked there over the years.

“It would not be possible for Hertfordshire Council to deliver respite services for my child without NHS support, because my child requires medical supervision to manage her chronic renal failure, tube feeding and medications among her other medical needs.

“We are certain that her needs cannot be met at any other centre in Hertfordshire. The service is so vital as Gurpreet loves it there, and it allows me a chance to spend quality time with my other children.  Without it, I only worry that the family could reach breaking point.”

Other clients include Nicola Lancaster, 36, from Stevenage, whose 10-year-old son Lennon Ruffles uses the service for 49 nights a year.

She said: “Lennon has been going to Nascot Lawn for four years and loves his time there. The decision to close the centre is truly devastating as her will not be able to get the same support elsewhere. The upheaval could have a huge impact on him and I don’t think our family could cope without the respite it provides”

“I am shocked that we were not consulted at all, and it really feels like the families of those affected have been completely ignored in the decision-making process.  We want to have our voices heard.”

Read more about Irwin Mitchell's expertise in Protecting Your Rights.