Council faces legal action over plans to close adult day care centres

Legal action has been launched against Shropshire Council on behalf of two adults with learning disabilities in a bid to halt the potential closure of day care centres.

Law firm Irwin Mitchell, lawyers to the claimants, said the decision to close the Hartley’s Day Care centre and Sabrina Court in Shrewsbury immediately and Avalon and Lorne Street in Oswestry in the future could have been unlawful because of a flawed consultation and breach of the public sector equality duty.

Another centre at Innage Lane in Bridgnorth is under review, while the future of Mayfair in Church Stretton is said to be in doubt.

One of the claimants, 63-year-old LH, has attended Hartley’s Day Care centre for nine years. She requires constant supervision and is cared for by her sister. The care package for LH was altered in January 2013 to two days at Hartley’s (rather than four as previously) with placements at other centres.

Her family said the other centres, which are run by volunteers as well as staff, were not always open.

Alex Rook of Irwin Mitchell said: “Our client and her family were distraught when the closure of the Hartley’s Day Centre was announced. They say they have not been contacted at all about the potential closure and the council now seem to be saying that they do not need to consult about the closures with local people at all.

“We believe that the decision may have been unlawful because of a flawed consultation process and because the council has failed to act in accordance with its obligations under the Equality Act 2010.”

Rook added: “We have been left with no choice but to seek permission for a judicial review of the closure decision in our bid to keep Hartley’s and the other day centres open until the council has properly consulted local residents.”

The legal action has been supported by learning disability charity Mencap.

Stephen Chandler, Shropshire Council’s director of adult service, said: “We are aware of the contact made by the law firm, and do not agree that there are any grounds for a judicial review. We appreciate the closure of these day centres is a difficult time, but a lot of work has been taking place with families and people who use day centres to find better ways of enabling them to be part of their communities by using their personal budgets.”