Parents, carers and the community brought a judicial review against the council as they believed its consultation on the ‘restructuring of early education and childcare provision’ which would result in the closure of two children’s centres if alternative providers could not be found, the cessation of provision at another children’s centre, and a reduction in provision at another, was ‘unfair and unlawful’.
Ahead of the final hearing at the High Court in London, which was due to take place today (6 November) and tomorrow, Hackney Council admitted it acted ‘unlawfully’ with the consultation. As a result, it will now have to consult again on the closures before making any changes to provision.
Parents, supported by Labour Hackney South & Shoreditch Women’s Branch, Liberal Democrats, the Green Party, the Socialist Party and Hackney Unison, issued a claim against the council in June. They argued that Hackney Council ‘positively misled consultees regarding the necessity to make savings, and that it failed to consult on alternative available options’.
Prior to launching its consultation, Hackney had commissioned external consultants to deliver an independent review of its children’s centres. According to the parents’ law firm, Rook Irwin Sweeney, the full report was only disclosed two months before the final court hearing to the campaigning parents only. The Council has now accepted its consultation materials were not ‘sufficiently clear’ to consultees.
Hackney Council has therefore consented to its consultation being quashed, and to pay all legal costs.
Parents were represented by Rook Irwin Sweeney law firm, Steve Broach KC and Jake Thorold of 39 Essex Chambers. They raised the money to pay for legal representation through crowdfunding.
Natalie Aguilera, a parent with a child at one of the at risk children’s centre nurseries, who was also involved in the last campaign to stop children’s centre closures in 2021, said, ‘We welcome that Hackney Council has finally accepted that it acted unlawfully in this matter. The truth is that closing Sebright and Fernbank Children's Centres and reducing services at Hillside and Oldhill is a political choice, made at the expense of the youngest members of our community who cannot yet speak for themselves.
‘We urge the Council to recognise the clear strength of feeling in the community and commit to not cutting or closing its children's centres, and instead recognise and promote the fantastic service the highly experienced and dedicated staff provide, especially for those from the most disadvantaged backgrounds.’
Campaigners hope to secure a commitment from the Mayor of Hackney, Caroline Woodley, to commit to safeguarding all subsidised childcare places and children’s centre nurseries in Hackney. Also, to ensure that all subsidised childcare places are properly advertised to make sure families are aware of the services that are available to them.
