Families threaten legal action over closure of day centre for disabled adults

The angered family members of people attending a day centre for disabled adults, set to close, are planning to press ahead with legal action against Buckinghamshire Council.

Buckinghamshire Council's adult social care model – described as unsustainable and outdated – is facing overhaul.

The council believes there has been an overreliance on building-based services, given how more and more people are using services within the community.

As such, the council wants to close down some day centres in Bucks, including Burnham Short Breaks.

After a consultation fetching hundreds of responses, its cabinet made the decision to go ahead with this closure.

This sparked outcry among the parents and other family members – and there have been other controversies about the manner in which it was done.

Now the families have launched legal action against Buckinghamshire Council, hoping to turn the tide.

They have arranged for legal representatives to send a pre-action letter to Bucks Council – essentially a warning letter, informing the local authority of an intention to pursue legal action.

This pre-action is the formal step before someone brings a judicial review claim against a public body such as a council.

Once the council receives a pre-action letter for a potential judicial review, it must take it seriously – even though it is not yet a formal court case.

It should acknowledge receipt of the letter promptly, seek legal advice, review the decision-making process, and prepare a formal written response.

This response can accept or deny that Bucks Council has done anything wrong legally and will state what it intends to do next.

For example, the council may intend to defend its decision, reconsider it, or pause the implementation of the Burnham Short Breaks closure.

Campaigner and parent Hazel Howe said there were ‘many things’ in the cabinet decision which ‘raised questions’ for both families and fellow councillors looking at the data.

She queried why the council poured ‘a million pounds of taxpayers’ money’ into Burnham Short Breaks, only to close it.

“We believe Burnham had the highest results in the feedback and the consultation to be saved,” said Hazel.

“We don't think any of them have really listened to the parents at all.”

Hazel also decried the ‘pressure’ families have been put under to decide where else to send their loved ones as an alternative to Burnham Short Breaks.

In tandem to the potential judicial review, families are currently in the process of potentially turning Burnham Short Breaks into a community asset.

The idea is that it will be retained as a day service for adults with complex needs but will also be used in the evenings by other interested community groups for clubs and classes.

Campaigners will be submitting a business plan, having raised the money to bring on a ‘top business consultancy firm’ to help.

However, the tight timeframe for this process – seemingly two months – was criticised by a council panel last week and has been described as ‘unrealistic’ by the families’ lawyers.

A response from Bucks Council to the pre-action letter is due on Tuesday, October 21, the Advertiser understands.

Isobel Darby, Buckinghamshire Council’s cabinet member for health and wellbeing, said:

“It is not appropriate for the council to comment on any individual legal matters. Buckinghamshire Council has not, to date, been served with any court application in relation to the decision taken by cabinet on Community Day Opportunities Centres.

“As such, the council is proceeding with implementation of the new service model as planned.”