Challenge to transport cuts hits end of road after Supreme Court refuses permission

A challenge to a local authority’s decision to close its passenger transport unit has ended after the Supreme Court last month refused to grant permission for an appeal.

In January this year Salford City Council successfully defended in the Court of Appeal its decision to close the unit and make alternative arrangements for users. The move was expected to save £600,000 a year.

The claimants were severely disabled adults who used the PTU to travel between their homes and adult day centres.

It was argued that:

• Salford acted unlawfully in failing to undertake full individual community care assessments before making a decision to terminate the PTU service;
• The consultation carried out prior to the decision was unlawful; and
• The council had failed to comply with the public sector equality duty contained in section 149 of the Equality Act 2010.

The Court of Appeal unanimously rejected the claim and so the claimants sought to go to the Supreme Court.

But, in R (on the application of Robson and Barrett) (Appellants) v Salford City Council (Respondent) Case No: UKSC 2015/0028 a three-judge panel – comprising Lord Neuberger, Lord Clarke and Lord Hughes – concluded in May that the application did not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time.

This was “bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal,” the Court said.