Council faces legal challenge amid concerns short breaks service for disabled children is underfunded

A mother of two disabled children who rely on a short breaks service has threatened Lancashire County Council with a legal challenge over its proposed budget for the scheme.

The service, Lancashire Break Time, provides short breaks for parents and carers of children and young people with special educational needs or a disability (SEND) by hosting activities for the youngsters.

Claimant law firm Irwin Mitchell said that before setting the annual budget for Lancashire Break Time, the council consulted with parents and providers to get their views.

The firm, which has sent a letter before action, reported that the consultation documents had suggested that:

  1. There had been a notable and significant increase in demand for the Lancashire Break Time service since 2018; and
  2. Providers of the service had advised the council  that current funding levels (1) did not support them to staff groups safely and provide 1:1 support when needed and (2) did not take into account inflation and minimum wage.

“Despite the apparent increased use and concerns raised by providers, the local authority decided to set the annual budget for the service at £765,000; £2,000 less than was spent on the service over the last year,” Irwin Mitchell said.

The law firm is acting for the family of Logan and Leila Wilding, from Lytham St Annes, “who are concerned that the budget is not sufficient to enable the service to recruit and retain staff with the expertise needed”.

Irwin Mitchell said the council’s decision appeared to be based on the proposed costs of a new version of the service, which had yet to be implemented.  The firm argues that it is “irrational” due to the fact that the new version has not yet been put into effect, with the council still consulting about what the changes should be.

James Betts, Associate Solicitor at Irwin Mitchell, said: “There are concerns that Lancashire County Council has failed to come to its decision lawfully without considering what funding is needed to take into account the apparent increased usage. The worries that have been raised by providers, parents and carers that the current funding is not sufficient should also be taken into account.

“We call on the local authority to engage with those affected to find a solution and end the worry and upset experienced by our clients and other no doubt other families across the county.

“We have now formally written to the Council to reconsider its decision or potentially face a judicial review in in the High Court.”

Edwina Grant, executive director for education and children's services at Lancashire, said: "We are aware of the recent solicitor's letter, and it would be inappropriate for us to comment on that further at this stage.

"As a council we are determined to make improvements to the service and have set out a range of proposals to do this in a fair way that benefits young people across Lancashire."

She added: "Members of the cabinet voted to consult on these proposals but the planned consultation has been paused until we are out of the current crisis.

"We remain determined to have a high quality and consistent service for those families who need it."