Council withdraws decision to close early years centres after residents launch judicial review proceedings

Hillingdon Council has confirmed it is withdrawing its decision to close the borough’s Early Years Centres, in response to an application for judicial review from parents.

The application for judicial review was issued on 3 November at the High Court, seeking an injunction against the council on the grounds that its use of special powers to close a service was unlawful, and that it “failed to carry out a statutory consultation”.

In its response to the application, the council confirmed it was withdrawing its decision to close the nurseries.

Families in Hillingdon received a letter in August telling them that all of Hillingdon’s Early Years Centres would be closing on 31 December 2022, leaving 102 children without nursery places in the new year.

The council reportedly used what it called ‘special urgency rules’ to make the decision, which meant it was made without a public consultation or vote.

The judicial review claim challenged Hillingdon's decision to close the early years centres on five grounds:

1. The use of special urgency powers to close a service was unlawful – the decision was taken in breach of the council’s executive arrangements and was therefore in breach of section 9D of the Local Government Act 2000;
2. The council failed to carry out a statutory consultation in breach of section 5D of the Childcare Act 2006;
3. The council breached the public sector equality duty at section 149 of the Equality Act 2010 by failing to identify ways to mitigate against the negative impacts of the closures on children and failing to consider whether working mothers would be negatively impacted by the cessation of cheaper and more local childcare;
4. The council failed to promote and improve the well-being of children contrary to section 1 of the Childcare Act 2006 and section 11 of the Children Act 2004; and
5. The council unreasonably failed to make sufficient enquiries in relation to the financial implications of the decision.

Some parents have shared concerns over the longer-term future of the nurseries.

Speaking to the BBC, Mayank Madan, parent of a three-year-old daughter at Uxbridge Early Years centre said: "I feel good in the sense that some action has been taken, but we don't want it withdrawn now and reintroduced in three months' time. We parents are still looking for a firm statement on the longer term."

Watkins and Gunn Solicitors acted for the parents and children who brought the judicial review challenge, together with Philip Havers KC and Christian Howells of 1 Crown Office Row.

They noted that the council had not made any public announcement about the nurseries remaining open.

“The council has been asked to confirm a minimum notice period for parents if they do decide again to try to close the nurseries. They have not responded to this request.” Watkins and Gunn Solicitors have said.

Solicitor Lucy O'Brien from Watkins and Gunn said: “Whilst we welcome the council’s agreement to withdraw their decision to close the nurseries, we would also welcome some dialogue between the council and affected parents regarding the future of this key service.

“Parents now hope that any future decisions concerning childcare in the borough will involve full engagement with local residents and that the council puts the interests of children first.”

A spokesperson for Hillingdon Council said: “We can confirm that the council has withdrawn its decision of 4 August 2022 in relation to its early years centres. As legal proceedings are still ongoing, we are unable to comment further at this time.”