Campaigners warn council of legal action over proposed care centre closures

A local authority has been threatened with potential judicial review proceedings if it presses ahead with a decision to close seven care centres.

Lawyers at Irwin Mitchell have written to Doncaster Metropolitan Borough Council claiming that the decision was unlawful.

The law firm warned that unless the council agreed to quash the decision to close all of its care centres and four out of eight adult education centres, it might have “no choice” but to apply for a judicial review.

The campaigners have criticised the council's position that it is yet to make a final decision, arguing that the cuts were already accounted for in the council’s proposed budget in February and that this left little choice for councillors at a Cabinet meeting next month.

Irwin Mitchell lawyer Yogi Amin said: "All across the country vulnerable people such as the elderly and disabled are facing severe cuts to their services which are having a massive impact on their lives.

“The cuts to residential care in Doncaster are the latest to come under scrutiny and we have heard from many people about the negative affect that the council’s decision will have. There are real questions about how the decision was made and what consultation had taken place beforehand.”

He added: “The council appears to have just put a blanket closure notice on all the centres instead of assessing the impact that each individual decision would have on the residents and their families.”

A petition with more than 10,000 signatures has already been handed to Doncaster.

Doncaster’s Director of Adults and Communities, Joan Beck, said: “We can confirm the council has received a letter from Irwin Mitchell. No decisions have been made on the future of council run care homes and day centres, as we modernise these services.

“We are currently evaluating the comments received from the public consultation exercise and the results will form a key element of the reports being considered by the Mayor and Cabinet next month. Accordingly, we have advised Irwin Mitchell that any action at this stage would be premature and will be robustly defended by the council.”

Irwin Mitchell recently advised a claimant on a challenge to the decision by Shropshire Council to close a day centre.

The Court of Appeal formally declared that the authority had failed to consult properly over the move. However, Lord Justice Longmore said that, with centre in question shut,  it would not be consonant to good administration to quash the closure decision or to order the council to conduct a consultation about its closure.