High Court puts ‘interim’ block on day centre closure plans

THE High Court has temporary blocked the closure of a Kings Norton day centre by Birmingham City Council.

Lawyers acting on behalf of one service user secured an “interim order” preventing the council from progressing plans to close the Fairway Day Centre, which provides services for more than 50 disabled adults.

Birmingham City Council approved the closure of the centre in a cabinet meeting on September 18, but lawyers from Irwin Mitchell have applied for a judicial review, as they claim an inadequate consultation process makes the closure unlawful.

The High Court has now issued an interim order until they have reviewed the case. A decision on whether to grant permission to proceed with a judicial review is not expected until next month.

The ‘interim relief ’ means that the council cannot reduce services it offers at the Fairway Day Centre or redeploy staff or make them redundant in the meantime.

“We are pleased that the High Court has granted the interim relief order which will provide some peace of mind to those who rely on the centre for the time being,” said Oliver Carter, public law and human rights lawyer at Irwin Mitchell.

“We are heartened that, when granting the interim order, the judge commented that we had a strong case that a full and lawful consultation over the closure was required.

“We once again call on the local authority to listen to the people who use Fairway Day Centre and their families, and reconsider the decision to close this vital service.”

Labour cabinet member for health and social care Councillor Paulette Hamilton has previously said that the centre was under-utilised and too expensive to justify repairs, which would cost an estimated £400,000.

Cllr Hamilton also denies that the consultation period fell short.

But Wendy Collymore, chairperson of the Save Fairway Day Centre campaign group whose father relies on the centre said the centre was an important asset for some of the most vulnerable adults in Birmingham.

She said: “Fairway Day Centre is a key community facility for dozens of families. The staff are great and have a real bond with the service users.

“There is a lot of fear and uncertainty at the minute about what is going to happen. Hopefully this order will provide some clarity and convince the council to think again about closing Fairway.”

A spokeswoman for Birmingham City Council said it is currently reassessing all service users’ needs and considering other options for care, including use of a direct payment, access to community resources, support at home and access to other council-run centres.