Lawyers Secure ‘Interim Relief’ Order Preventing Local Authority From Closing Service

Lawyers have secured a court order preventing Birmingham City Council from progressing plans to close a day centre for adults with disabilities. 

The High Court has issued an ‘interim relief’ order which means the local authority cannot take any steps to close the service at Fairway Day Centre in Kings Norton until the court has considered the case.

A legal challenge against plans to close the facility that provides support for around 50 adults with a number of specialist needs has been launched.

Irwin Mitchell’s specialist Public Law and Human Rights team has applied for a judicial review to challenge the decision in the High Court. However, a decision on whether to grant permission to proceed with a judicial review is not expected until next month.

The ‘interim relief’ means that the council cannot reduce services it offers the Fairway Centre or redeploy staff or make them redundant in the meantime.

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“We are pleased that the High Court has granted the interim relief order which will provide some peace of mind to those who rely on the centre for the time being.

“We are heartened that when granting the interim order, the judge commented that we had a strong case that a full and lawful consultation over the closure was required.

“We once again call on the local authority to listen to the people who use Fairway Day Centre and their families, and reconsider the decision to close this vital service.” Oliver Carter - Associate Solicitor

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The plan to close the site was initially suggested in September 2017 but received formal approval in July this year. It was confirmed in September 2018 following further scrutiny by the local authority.

Lawyers from Irwin Mitchell are acting for the family of one of the centre’s users, and have filed supporting statements from a number of others. They argue that the closure is unlawful on several grounds, including that the decision was taken without a proper consultation of those affected.

Irwin Mitchell’s client in this case – who cannot be named for legal reasons – has a range of conditions including muscular dystrophy, cerebral palsy and learning disabilities. She uses the centre four days a week.

The closure has raised lots of concerns among the community and also led to the creation of the campaign group, Save Fairway Day Centre.

Wendy Collymore is chairperson of the Save Fairway Day Centre campaign group set up to oppose the closure.

Wendy, whose dad relies on the centre, said: “Fairway Day Centre is a key community facility for dozens of families. The staff are great and have a real bond with the service users.

“There is a lot of fear and uncertainty at the minute about what is going to happen. Hopefully this order will provide some clarity and convince the council to think again about closing Fairway. We do not want to be in this position and are happy to talk to the council. However, if needed we will continue to fight this through the courts.”

The campaign group has launched a crowdfunding campaign to assist its legal challenge. For more information visit: www.crowdjustice.com/case/savefairway/