"We're devastated but we're not the kind of people to give in, we've got our children to think of..." Noreen
Campaigners and families were `disgusted' and `disappointed' today as High Court Judge Stephen Davies ruled that Salford Council could withdraw its Passenger Transport Unit which took severely disabled adults to their day centres.
Irwin Mitchell, the law firm representing two of the disabled adults Michael Robson and Jennifer Barrett had challenged Salford Council through a judicial review of its decision to cut transport, and, at last week's court hearing the Council was savaged by QC Ian Wise for its `absurd', `unfair', `unlawful' and `cavalier' actions (see previous Salford Star article click here).
The Judge noted Mary Robson's concerns that a taxi to get her son, Michael, who has cerebral palsy and epilepsy, to the day centres would be unaffordable (up to £30 per return trip) and that "the practical result of losing the PTU service would be that Michael would have to stop attending day centre, which she says, I have no doubt rightly, would be an extremely damaging outcome so far as they are both concerned"
The Judge also noted, in the case of Jennifer Barrett, a wheelchair user with quadriplegic cerebral palsy, "that her mother says that a taxi service would cost £60 per week, which is unaffordable, and in any event it would have to be a wheelchair adapted taxi, which is not always available. Her mother is concerned that without the PTU service she would have to cease using the day centre, and that this might compromise her own ability to care for Jennifer at home".
Of those 172 families that have been told to use alternative forms of transport like taxis, Ring and Ride and their own cars, the Judge stated that "There is clearly room on their evidence for the possibility that some of the 172 have reluctantly accepted what they may regard, or what may be, an unsuitable or unsafe transport service..."
However, he bizarrely added "The reality, it seems to me, is that I am in no position to make a positive finding either way in relation to that aspect of the case but nor, in my view, do I need to do so to decide this case."
The case seemed to turn on the terms of the challenge to Salford Council's cut to the Passenger Transport Unit (the `high level decision') rather than to individual decisions on the two claimants, which appeared to allow the Council to sneak through a back door in a blitz of legalese and technicalities...
"If this case was not about the challenge to the high level decision, but about a challenge to the individual decisions as communicated to the individual claimants by the letters of 29 July 14, different considerations would have come into play" stated the Judge.
Similarly, on the dodgy assessments that the Council made on the disabled adults, the Judge added that, based on the evidence, "there might be some basis to criticise the individual assessments and/or the individual conclusions as to suitable alternative transport arrangements" and that "claimants may be able to point to some areas of concern in relation to the implementation of the new arrangements"... "that is very far indeed in my judgment from what they need to establish to make good their challenge to the high level decision."
Indeed, the Judge laid into the Council again, stating that impact assessments were not as "detailed or as rigorous as they might, and perhaps should have, been" and accepted that "if those parts of the impact assessment were read in isolation there would be grounds for concern" but added "in my judgment that is not enough by itself to enable the claimants to succeed in their challenge under this ground..."
The Judge concluded that "this is not the opportunity for a merits based review of the outcome" and found in favour of Salford Council. Now the lawyers are drawing up grounds to appeal the decision and have 21 days.
"I am so disappointed with this outcome" says Michael's mother, Mary Robson "We thought we had a good chance of saving the transport service and we will now have to see what happens with the appeal."
Jennifer Barrett's mother, Elaine adds "I feel very sad for all the people who use the transport service, and for the staff at the transport, who have been absolutely wonderful over the years."
Mathieu Culverhouse, the legal specialist from Irwin Mitchell's Public Law team says the battle will continue... "We are very disappointed with the outcome of this judicial review and the consequences this will have on so many vulnerable members of the community in Salford. The decision has placed many families in a difficult situation as to how they will ensure that their loved ones will be able to access the vital day centre services they are entitled to.
"We are now determined to investigate every possible avenue in order to ensure that our clients will be able to access the support they require and are considering an appeal of today's decision" he adds.
Meanwhile, Noreen Bailey, carer of two severely disabled adults, who has led the campaign against the cuts to the Passenger Transport Unit, is equally determined to carry on the fight...
"I'm absolutely disgusted, we're only a small minority fighting a big council" she says "We now need to see what else we can do, get a meeting together and see where we can go from here...We'll go down every avenue we can to get transport.
"We're devastated" she adds "But we're not the kind of people to give in, we've got our children to think of..."
* To read the full judgement click here
For a full background into the battle for transport see previous Salford Star articles...
* Salford Mayor chauffeured by disability transport cuts driver - click here
* Mums of disabled adults tell Mayor to spend a day with them - click here
* How Salford Council treats vulnerable people fighting cuts - click here
* Salford Council's new Tory-style Dickensian DIY Welfare - click here
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