Council ordered to maintain specialist transport service ahead of hearing

Lawyers for a disabled man have secured a temporary order requiring a council to continue to provide a specialist transport service, ahead of a hearing on a possible legal challenge to the decision to end it.

In July Salford City Council confirmed a decision that would see the withdrawal of the wheelchair-adapted bus used by Michael Robson to attend a day centre in Salford two days a week.

Robson’s lawyers, Irwin Mitchell, are seeking a judicial review of the decision.

The High Court in Manchester agreed to order continuation of the service until a further hearing on 4 September. Irwin Mitchell said it would ask at that hearing for the order to be extended.

In relation to the judicial review challenge, the law firm will claim that:

• There was a failure to assess people’s care needs and how they can be met. “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 council conducted a flawed consultation, failing to to put forward sufficient reasons for the proposal to ensure proper consideration. Detail on the website failed to make it clear that the plans meant the complete withdrawal of the service, the law firm said.
• There had been a breach of the equality duty contained in section 149 of the Equality Act 2010. “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.”

Mathieu Culverhouse, the lawyer representing Robson, said: “Despite our request for the decision to be withdrawn and the transport to remain in place pending a further consultation, we were left with little choice but to apply for a judicial review to ensure the issue is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. 

“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.”

The claimant’s attendance at another day centre in Stockport, SK30+, three days a week is funded by Salford CC, with his transport funded via direct payments for taxis.

His mother, Mary Robson, who cares for him, said: “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.”