Proposed cuts to services for adults with learning disabilities in Devon have been branded ‘unlawful’.

Devon County Council’s consultation on the plans – which would affect a respite centre in Honiton - has also been described as ‘unfair’ and the process has been put on hold.

It follows a legal challenge by the Exeter and District Mencap Society, on behalf of the parents and carers of adults who use the services.  

Midweek Herald:

Bob Gaiger, Trustee of Exeter and District Mencap Society, said: "We welcome the decision by Devon County Council to call a halt to the consultations and hope that their review of the comments and representations so far lead them to cancel their distressing proposals for adult day and respite services. We value our working relationship with the council but would like to emphasise that we are ready to proceed to Judicial Review if the need arises."

The council was consulting on plans to close all but three of its learning disability day services; the remaining centres would have their opening times reduced from five to three days per week.

Under the proposals one of the two respite centres – New Treetops in Exeter or Pine Park House in Honiton – would close down, with in-house nights capped at 52 nights per user.

Mr Gaiger said the consultation exercises appear to show that Devon County Council (DCC) has not been supporting new referrals to these services for some time, and that there could be a hidden demand that was not taken into account in the information that led to the proposals. He added that the exercises also showed that DCC has an ‘unlawful’ policy of limiting the amount of respite available to service users, which Exeter and District Mencap Society will request is withdrawn.

Exeter Mencap were represented by Rook Irwin Sweeney, a renowned public law and human rights firm.

Anne-Marie Irwin from the firm said: "On behalf of Exeter and District Mencap Society, we argued that the Council had failed to comply with its legal duties to consult fairly, and to have regard to the needs of disabled people when formulating these proposals, which would have had a significantly detrimental impact on many disabled people in Devon.

"Our clients hope that legal action will not be necessary, but we continue to advise Exeter and District Mencap and will monitor the actions of the Council in the coming months.”