The High Court has dismissed a legal challenge against Ealing Council’s decision to close ten children’s centres as part of a wider overhaul of early help services, ruling that the consultation process was fair and lawful.
The claim was brought by the father of a young child who used the centres, supported by campaign group Save Ealing Children’s Centres. It argued that the consultation had been unfair and that the council had failed to meet its statutory duty under the Childcare Act 2006 to provide sufficient children’s centres to meet local need.
But Mr Justice Kimblin rejected all grounds of challenge. He found that the consultation had taken place at a sufficiently formative stage, had given adequate reasons for the proposals, and had conscientiously taken responses into account. Notably, the council amended its plans after the consultation, retaining three centres that had been earmarked for closure.
The judge emphasised that the court’s role was limited to reviewing the lawfulness of the decision, not its merits. ‘There were undoubtedly other solutions which would also be lawful and which some people would prefer,” he said, “however that is not territory into which this court may venture.’
The council had consulted on a proposal to reduce the number of children’s centres from 25 to 12, alongside a strengthened outreach offer delivered through schools, libraries and community venues. More than 2,300 people responded, with most strongly opposed to the plans.
The claimant argued that the consultation had been flawed from the start because the council’s Medium Term Financial Strategy had already decided to save £750,000 by closing centres. But the judge held that the budget was ‘a compilation of budgetary proposals’ and not a final decision. ‘It would be surprising if the council did not undertake this work at the outset,’ he said.
The judge also rejected arguments that the council had failed to explain why specific centres were selected for closure, finding that the consultation materials enabled “articulate and intelligent responses which engaged fully with the issues.”
While accepting the statutory guidance that there should be a ‘presumption against closure’, the judge held that the council had properly balanced the need for children’s centres against other forms of early help provision, and that financial considerations were a legitimate part of that assessment.
The decision means the council can proceed with its plans, which will see 15 centres remain open and 10 close or be de-designated. The judge noted that the consultation had produced material changes to the proposal, demonstrating that it had ‘done the job it was intended to do.’
Clare Welsby from Save Ealing Children’s Centres said: ‘Ealing Council claim their decision will increase access for children and families to children’s centre services through outreach and extended hours at the remaining centres. We maintain that the better way of improving the provision is to keep the centres open but to consider ways of improving access and engagement.’
Photo: Kai Butcher
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