| SPOTLIGHT |
A group of claimants are challenging Devon County Council’s decision to close the North Devon Link drop-in services, including on the basis that the local authority failed to have regard to mandatory considerations including its duties under the Care Act 2014 and Health and Social Care Act 2012.
The drop-in services provide support to people with chronic severe mental health conditions, with opportunities to socialise with their peers, take part in activities such as arts, crafts and gardening and access 1:1 support from trained professionals.
The three claimants, represented by law firm Rook Irwin Sweeney, are users of the services. They claim there is “no equivalent alternative service” available to them, and do not consider that any of the alternative services in the area, such as volunteer-led services, could meet their needs.
According to Rook Irwin Sweeney, the claimants argue that in addition to the alleged failure by the council in relation to its duties under the Care Act 2014 and Health and Social Care Act 2012, Devon breached section 149 of the Equality Act 2010, which requires public bodies to consider the impact of any decision on people with protected characteristics, including disabled people.
They contend that the decision also fails to have regard to the council’s own ‘Suicide Prevention Statement and Action Plan’ for 2023-24, which is aimed at reducing suicides in Devon.
In 2019-21 the suicide rate in Devon rose to 12.5 per 100,000 from 11.9 per 100,000 in 2018-20. The rate for Devon is statistically significantly higher than the rate for England.
Rook Irwin Sweeney said the council decided on on 13 March 2024 to close the North Devon Link drop-in services, which run from the North Devon Link Centres in Barnstaple, Bideford and Ilfracombe.
The planned closure date is 26 July, however steps are already being taken to reduce the service ahead of the closure, the firm said.
Permission was granted on all grounds at a hearing last week (13 June), but an application for interim relief was refused.
Sonia Gould, one of the claimants, said: “I am devastated by the decision to close the Link Centre and am terrified about what will happen after they are gone. The Link Centre is the only opportunity I have to socialise with other people going through similar things. The support I get at the Link Centre prevents my mental health from reaching a crisis, and keeps me able to function day-to-day. […] The Council is leaving us on a cliff edge with no support and I think that this decision will cost lives”.
The claimants are represented by Anne-Marie Irwin and Rosie Campbell of Rook Irwin Sweeney, and Steve Broach KC and Eleanor Leydon of 39 Essex Chambers.
Rosie Campbell, Solicitor at Rook Irwin Sweeney said: “The North Devon Link drop-in services are a lifeline for our clients, who say that they receive little or no other support with their needs arising from their mental health. Permission to bring the claim was granted on all grounds, which reflects the strength of the Claimants’ case. Our clients hope that the Council will reconsider its decision, and ensure that these vital services are preserved. If they continue to refuse to do so, the matter will go to a full 2 day hearing on 8 and 9 October 2024.”
Devon County Council has been approached for comment.
Lottie Winson
