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|27 Aug 2016|
John's Jolly Walking Group
The SCLD has published a response to the British Institute of Human Right's call for evidence. They are drafting a joint civil society shadow report part of the Universal Periodic Review process. The report will take into account evidence provided by civil society organisations at eight events held across Great Britain in April and May 2016 as well as evidence submitted following a call for evidence.
Families of disabled children win judicial review of council’s decision to cut short breaks services
The families of two children with severe learning disabilities have been successful in a judicial review into local authority cuts to short breaks services, which they said would leave their children socially isolated.
The families of a 14-year-old boy and 8-year-old girl from Newbury, known only as DAT and BNM, instructed public law experts Irwin Mitchell to take on West Berkshire Council over the cuts, which will see the budget for short breaks services provided by voluntary sector organisations slashed by 48%. The decision was made at a meeting of West Berkshire Council on March 1 this year and reaffirmed at another meeting on May 31.
Irwin Mitchell applied to the High Court for a judicial review on the basis that the £215,600 funding reduction is unlawful as it breaches a number of legal duties, including those arising out of the Children Act 1989 and the Equality Act 2010.
The High Court declared today [July 22] that West Berkshire Council did not properly consider its legal duties before deciding to make the cuts, and that the subsequent decision was merely to “rubber stamp” the first decision without being able to cure the original flaws.
The hearing took place on June 22 and 23 at the Royal Courts of Justice in London with the judge siding with the families, forcing the council to rethink its plans.