Legal challenge
Final say on controversial merger of day centres delayed as campaign is taken to Court of Session
A final decision on a controversial proposal to merge two day services for vulnerable people in Renfrewshire is set to be delayed amid the threat of a legal challenge.
It acts as a temporary reprieve for carers who have fiercely fought the suggested amalgamation of the Mirin and Milldale centres for adults with learning disabilities since the idea was put forward in November.
The campaign has been taken to the Court of Session after Govan Law Centre (GLC) said it accepted instruction from a service user of Milldale to challenge its “proposed closure” – a potential consequence of combining the two – and a petition for judicial review has been lodged.
As a result, the integration joint board (IJB) – the body which oversees Renfrewshire Health and Social Care Partnership (HSCP) – is expected to slam the brakes on the cost-cutting measure so legal advice can be taken.
Councillor Iain McMillan, Labour group leader and a member of the board, said: “This is how serious people are taking this issue, that they are prepared to go down the legal route.
“It just shows you how big an issue it is.
“They’ve obviously sought advice and Govan Law Centre has taken it up.
“Far be it for me to get involved in the legal aspects of it, but it just shows you how passionate these people are about this whole issue that they’re prepared to go down that road.”
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action taken by a public body.
Earlier this month, GLC, a charity which uses the law to challenge discrimination, said the petition was put forward against Renfrewshire Council as the first respondent and the IJB as the second respondent.
While it is a partnership between the council and NHS Greater Glasgow and Clyde, the IJB is ultimately its own separate entity.
At the end of last month, the council called on the HSCP to stop its review and proposals for both the adult day and Flexicare services but it has made its stance clear that it has “no role” in the decision-making process for this issue.
In a statement issued this month GLC claimed: “On November 24, 2023, the second respondent agreed to: