Judge gives permission to bring case over cuts to community nurseries

A High Court judge has given four claimants permission to appeal a city council’s decision to cut funding for community nurseries.

Four women, advised by Sheffield Law Centre, are seeking to challenge Sheffield City Council’s decision to cut grant funding for 20 nurseries in the city.

The local authority’s Cabinet approved on 12 December 2012 in principle a decision to cease grants to 16 childcare providers in the private, voluntary and independent sector and four in the statutory sector. This was confirmed by the council on 27 February.

The claimants, who all have children at nurseries affected, are advancing five grounds for the challenge. They are arguing that Sheffield’s decision-making was unlawful as a result of:

• inadequate consultation;
• breach of the public sector equality duty;
• breach of duties under the Childcare Act;
• breach of the Best Value duty – “guidance says the council should not cut funding to the voluntary sector more than to its own services”; and
• the decision being irrational.

His Honour Judge Bird gave permission at a hearing at the High Court in Manchester for the judicial review to go ahead on all five grounds.

He reportedly said: “It does seem that, if I were to refuse permission, there could be a real risk of causing real injustice.”

Judge Bird continued an order for anonymity granted on 1 May 2013 to protect the children involved.

The Children’s Scrutiny Board at Sheffield is set to debate the need for funding community nurseries on 4 July.

Douglas Johnson, from Sheffield Law Centre, said: “We previously invited the council to settle and avoid the need for court proceedings. Now the court has heard what both sides have to say, it is clear our case deserves a hearing and we are very pleased the judge rejected the council’s arguments.”

The case will be heard over two days in July.