Today, specialist transport to day centres for people with severe disabilities was due to be stopped after brutal cuts by Salford City Council. Now Manchester High Court has ordered the Council to continue the service until there is a judicial review into the plans to be heard next Thursday, September 4th.
The case is being brought by lawyers from Irwin Mitchell, representing Swinton's Michael Robson, who has cerebral palsy and epilepsy. Michael requires around-the-clock care and attends St George's Day Centre in Salford for two days a week and the SK30+ Day Centre in Stockport for three days a week, using the Council's wheelchair-adapted bus service.
"We are pleased that the court has made this initial order, but we are really worried about what will happen if the Council's decision is allowed to stand" says Michael's mother Mary Robson, who cares for him "These proposed changes have caused so much stress to both of us. It feels like our circumstances have just not been taken into account at all and the Council has also failed to carry out an assessment as to how this will change my son's care plan.
"It has been suggested that Michael could take a taxi to and from the Day Centre, but, putting aside the practical difficulties of getting Michael's wheelchair into a taxi, we simply cannot afford this" she adds "I am extremely concerned about the prospect of losing this service because the practical result of this will be that Michael will simply have to stop attending the day centre, which he loves and which he attends in order to meet his assessed community care needs."
On behalf of Michael Robson, Irwin Mitchell is challenging Salford Council cuts on three grounds:
Failure to assess - Families, including Michael's, have reported that they were not asked if they were willing and able to provide transport to and from the day centres and it was simply assumed that they would step in to provide this service. The legal team believe that the council has therefore failed to carry out the necessary assessments of people's care needs and how they can be met.
Flawed consultation - The legal team believe that Salford Council has failed to put forward sufficient reasons for the proposal to ensure proper consideration, with detail on the website failing to make it clear that the plans mean the complete withdrawal of the service.
Breach of equality duty - Under the terms of Section 149 of the Equality Act, the legal team believe the council failed to meet its responsibilities. Specific concerns include the Council's failure to gather the information it needed in order to assess the impact of the decision on disabled people.
"Many vulnerable members of society are reliant on the services offered by day centres to ensure their care needs are met, but a huge number also understandably require the means to get to and from such facilities" says Mathieu Culverhouse, the lawyer in Irwin Mitchell's Public Law team who is representing Michael Robson.
"We believe that Salford City Council's decision to withdraw this vital bus service used by our client and many others has been made without proper assessments being carried out of people's care needs and without a lawful consultation being undertaken, as well as without proper regard for its responsibilities in terms of equality legislation" he adds
"Despite our request for the decision to be withdrawn and the transport to remain in place pending a further consultation, we were left with little choice but to apply for a judicial review to ensure the issue is given the attention that it clearly requires" he explains "If this decision is left to stand it will mean that our client and many others will simply be left in the lurch, unable to access to the care and support they need in order to get the best from life."
Families, supporters and anti-cuts campaigners have consistently been opposed to the cuts to Salford Council's Passenger Transport Unit, organising a Rally on the Lawn of Salford's Civic Centre which the Council attempted to ban (see here), a call-in by ruling Labour councillors, which was over-ruled (see here) and even a blockade of Salford City Mayor, Ian Stewart's house, where the police were called (see here).
Meanwhile, at this week's Audit Committee meeting into the Salford City Reds scandal campaigners were protesting about the passenger transport cuts, and Noreen Bailey, who cares for three severely disabled adults, handed in a last minute petition urging the Council to do a u-turn (see here). Now the families are hoping that the last resort of the courts will finally bring them justice.
The case will be heard at Manchester Civil Justice Centre on Thursday 4th September 10:30am
* See also previous Salford Star articles...
* Salford's vulnerable people say `Bring Our Mayor To Justice' over cuts to specialist transport and more - click here
* How Salford Council treats vulnerable people fighting cuts - click here
* Salford Council's new Dickensian style DIY welfare - click here
UPDATE: 5pm
Any parents who used the specialist transport and still want to use it can phone the usual number 0161 925 1362. Apparently the phone lines have been `busy' all day today. If people can't get through or if no transport comes on Monday please ring the solicitor Mathieu Culverhouse 0161 838 2390
Photo shows Michael Robson and his mum Mary
UPDATE: 1st September
Salford Council has today had the order to carry on the service until the court case discharged - which means it's not obliged to continue the service. However, the issue will still be the subject of a court hearing on Thursday as planned, where the team will once again call for an order to be in place.
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