High Court rejects legal challenge against London borough over nursery closure

The council said it would provide interim childcare from the site over the summer, as well as taking on the running of four adventure playgrounds under threat of closure.

Islington Play Association (IPA) had managed four adventure playgrounds on the council's behalf up until February this year, alongside the nursery at Paradise Park Children’s Centre.

However, due to financial difficulties, the charity provider surrendered its contract to run the venues.

Making the decision to close Paradise Park nursery from 22 July, the council said it would provide interim childcare for children not yet placed in an alternative setting, or whose placements begin in September.

The closure decision prompted a group of parents to launch a judicial review against the council, arguing that the decision to pursue the closure breached its statutory duty to ensure sufficient childcare was available to the borough’s families.

Mrs Justice Eady found the application to be “totally without merit”, and ordered the claimants to pay the council’s costs of preparing the Acknowledgement of Service and Summary Grounds of Defence, summarily assessed in the sum of £36,276.50.

She said in her reasoning: “The decision under challenge is that of 12 February 2026, whereby the Defendant agreed with [Islington Play Association’s] proposal to end the latter’s service contract earlier than 31 October 2026 (which would otherwise have been the contract end date). That was a private contractual matter, not amenable to challenge by way of judicial review.

“It was, moreover, a decision that acknowledged the commercial realities arising from Islington Play Association’s conclusion that it could no longer continue to provide the service in question; there is nothing to suggest that the Defendant’s decision was made otherwise than in good faith.”

Cllr Una O'Halloran, Leader of the Council, said: “We’ve worked hard behind the scenes to ensure the four adventure playgrounds run by Islington Play Association will remain open throughout the summer and beyond, under our management, with no gap in provision. 

“I know it’s been an anxious time for the families affected by IPA’s decision to surrender the contract for Paradise Park nursery. With enough childcare available elsewhere, it didn’t make sense to fund a new, permanent replacement, but we are committed to making the transition to alternative, affordable settings as smooth as possible. 

“The temporary nursery provision we’ve set up will help ensure no child misses out on childcare over the summer, and we’ll keep working with their families to find them places for autumn.” 

Lottie Winson