Legal challenge on Shropshire day care centre closure bid
A Shropshire woman was taking the legal battle to save her day care centre for adults with learning disabilities to the Court of Appeal today.
The unnamed woman, aged 63, arguing that an earlier High Court ruling in the council's favour allowing the closure of a number of centres should be overturned.
Irwin Mitchell, a nationwide legal firm, has been instructed to act on behalf of the woman, known only as LH, who has learning disabilities, and last December sought a Judicial Review at the High Court to contest Shropshire Council's decision to close the centres.
The judge ruled in the council's favour allowing it to close or outsource all 17 day care centres in Shropshire. But permission has now been given to bring the case to the Court of Appeal regarding whether the council's consultation was unlawful and if it acted in breach of its obligations to disabled people under the Equality Act 2010.
Alex Rook, from Irwin Mitchell, said that although they were disappointed with the previous decision in the High Court, they are confident that their legal argument warrants further review in the Court of Appeal.
He said: "Our clients were devastated when they found out in the local media about the day centre closures and are thankful that the Court of Appeal are prepared to hear the facts of the case.
"People have been using the day care centre services for many years, and the vulnerable adult users have made friends with other users and built up a trust with staff at these centres.
"The judge has agreed that the case warrants further examination in the Court of Appeal and we still believe that the consultation was unlawful and that residents were simply not told that their day centres may close."
LH attended Hartley's Day Centre, in Shrewsbury which was due to close in November. Irwin Mitchell secured an agreement that the council would keep it open until the High Court hearing. It has since closed but Irwin Mitchell and its clients are hoping to ensure that the council consults the users of Hartley's properly and reaches a different view about the day centre and the other day care centres in Shropshire.
LH requires constant supervision and lives with her sister who cares for her in Shropshire. She attended Hartley's for over 11 years for four days per week until January 2013 when her care package was altered. It is claimed she was not told at this time that Hartley's was facing closure and her sister has said that she has become far more insecure and gets upset very easily since the closure.
A further case is also in the High Court about two other day centres in Shropshire and awaits the outcome of the Court of Appeal hearing, which is expected to take two days.