Original Decision To Cease Funding For Vital Lifeline Withdrawn Ahead Of Planned Judicial Review

Families are celebrating after a respite centre that cares for disabled children was saved from closure just days before a High Court hearing was due to begin.

Herts Valleys Clinical Commissioning Group has agreed to set aside its decision to withdraw funding from Nascot Lawn in Watford. It comes ahead of a planned judicial review on Tuesday when the High Court was due to decide whether health bosses acted illegally when they decided to withdraw the funding from the vital lifeline service. 

Families of children who use the centre had instructed specialist lawyers at Irwin Mitchell to take up their fight.

Irwin Mitchell’s specialist public law team was due to argue in the High Court that the CCG’s decision was unlawful because it had not consulted with affected families and that it had not understood its legal responsibilities under the National Health Services Act and the Equality Act.

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

Expert Opinion

Herts Valleys Clinical Commissioning Group has confirmed, albeit very late in the day, that it has agreed to set aside its own decision and will continue to fund Nascot Lawn. The CCG have also confirmed that they will now carry out consultation with the families of children and young people who attend Nascot Lawn before thinking again about any future decision on funding.

“Our clients have told us first-hand how Nascot Lawn provides excellent care and that the decision to close the centre would have severely affected their lives.

“We are delighted that the CCG has seen sense and decided to keep Nascot Lawn open. We look forward to the centre continuing to provide excellent care for our clients and their families who use this vital lifeline.” Alex Rook - Partner

Families who use Nascot Lawn were informed only in June that the £650,000 funding for respite services operated at the centre would cease, despite the CCG actually making the decision six months previously.

A petition to keep the centre open gained nearly 15,000 signatures and the issue was discussed in the House of Lords.

Irwin Mitchell’s specialist public law team launched a legal challenge against HVCCG after it refused to reconsider its decision.

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 three nights a month for overnight respite.

Satnam said: “The staff at Nascot Lawn has been wonderful in the level of care they have provided to Gurpreet.

“When we found out about the decision to close the centre our family was devastated. It would .have severely affected Gurpreet’s development and placed a great deal of stress on our family.

“We are just so happy that Gurpreet will be able to continue to attend Nascot Lawn and maintain the bond she has built up with the staff there, meaning our family can remain at our best to help care for her.”

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

Emma, from Hemel Hempstead, added: “The CCG’s original decision to withdraw the funding for Nascot Lawn would have been disastrous for my family, and for many others in the area.

“That is why we decided to take the important step and instruct Irwin Mitchell. We are thankful for the support they have shown us over the last few months which have been fraught with worry.

“Hopefully we will now be able to put all this behind us and Sienna can continue to benefit from the amazing care she receives at Nascot Lawn.

Amanda Batten, Chair of the Disabled Children's Partnership said: "We are delighted that Herts Valley CCG has seen sense at the 11th hour and reversed its decision to withdraw funding from Nascot Lawn. However, the enormous stress that families have faced could have been avoided if they had been properly consulted from the start.

“This case highlights the vital role short breaks services play in keeping families with disabled children together. For many they are nothing less than a lifeline. This case should encourage other local authorities and CCGs to think very carefully and consult fully before proposing the closure of similar services.

“The DCP is calling on the Government to review the funding and availability of short breaks services across the country so that disputes like this don't arise in the first place."

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