Lawyers Apply For Judicial Review Into Proposal

Birmingham City Council is being urged to rethink its ‘unlawful’ decision to close a day centre used by people with a range of physical and learning disabilities, as specialist lawyers prepare to take legal action on the issue.

Irwin Mitchell’s specialist Public Law and Human Rights team is applying for a judicial review into the proposal to close the Fairway Day Centre, in Kings Norton. The centre provides support for around 50 adults with a number of specialist needs.

The plan to close the site was initially suggested in September 2017 but received formal approval in July this year. It was confirmed last month following further scrutiny.

Lawyers from Irwin Mitchell are acting for the family of one of the centre’s users, and have filed supporting statements from a number of others. They argue that the closure is unlawful on several grounds, including that the decision was taken without a proper consultation of those affected.

Expert Opinion

“Fairway Day Centre is a vital hub for vulnerable people in the Kings Norton area and the community is extremely concerned regarding the steps which have been taken to close it.

“After reviewing the key facts surrounding this case, we believe the decision has ultimately been taken on unlawful grounds and we are now urging the council to once again revisit the issue.

“The closure of this site will have a significant negative impact on a number of people and it is clear that it should not be taken lightly. Users of the centre believe that the Council had failed to consult and so did not know just how seriously this will impact on the local community. We will support our clients every step of the way in this matter.” Oliver Carter - Associate Solicitor

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Irwin Mitchell’s client in this case – who cannot be named for legal reasons – has a range of conditions including muscular dystrophy, cerebral palsy and learning disabilities. She uses the centre four days a week.

The closure has raised lots of concerns among the community and also led to the creation of the Save Fairway Centre campaign group.

The group has this morning launched a crowdfunding campaign to raise money to help assist the legal challenge.

Wendy Collymore, whose father relies on Fairway Day Centre is chairperson of the campaign group.

She said: “Fairway is an essential part of the care arrangements for so many people, yet the council took the decision on closure without talking to any of us first.

“It is very hard to take, particularly considering the huge impact that the closure will have on us all. In terms of my father, moving to a new centre would upset him immensely as he has formed vital bonds with his peers and staff at Fairway. Change now would be very difficult for him.

“We are determined to ensure our voices are heard on this issue and hope that applying for a judicial review will make people recognise the need for a rethink. This issue affects so many people, so it has to be reconsidered urgently.”

For more information about the crowdfunding campaign visit: www.crowdjustice.com/case/savefairway/