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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Council to keep day centre open after user brings legal proceedings

Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.

The decision to shut the Fairway Day Centre in Kings Norton, which provides support for around 50 adults, had been formally approved in July this year, and confirmed in October following further scrutiny.

Lawyers from Irwin Mitchell’s public law team subsequently launched proceedings on behalf of one of the centre’s users. The High Court then issued an interim relief court order preventing the centre from being closed before the case was considered.

A spokesman for the council confirmed that the authority had now decided to keep the centre open, and this was being communicated to staff and users.

The case will now be settled with a consent order.

Oliver Carter, solicitor at Irwin Mitchell, said: “We are delighted to see that Birmingham City Council has reversed its decision to close Fairway Day Centre. The centre makes a huge difference to our client, and to the lives of many other vulnerable people in the community.

“We had significant concerns about the decision-making process by the council, including whether a proper consultation had been undertaken.

“It is very welcome that the local authority has seen sense on this issue and we hope that the centre is able to continue to provide vital support for many years to come.”

Carter added: "This important public interest case has been funded by legal aid, although our client was required to pay a contribution towards the cost from their limited savings. As the council has now conceded the case, it will be responsible for paying our client's legal costs.”