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10 January, 2020

Local Authority acted unlawfully in deciding to close Adult Centre

McHattie v South Ayrshire Council [2020] CSOH 4

Lord Boyd of Duncansby has ruled that South Ayrshire Council acted unlawfully in deciding to close Kyle Day Adult  Centre, a highly valued and much loved life line service for profoundly disabled adult and their families in Ayrshire. Dorothy Bain QC of Ampersand and Martin Crawford of Arnot Manderson appeared for the Petitioner in the Judicial Review proceedings and successfully argued that the Council had breached the duties imposed upon them under the Equality Act 2010. In a significant ruling Lord Boyd granted declarator the Council acted unlawfully in respect that (i) it failed in its duty to have regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic, namely a disability and persons who do not share that characteristic, and (ii) failed to consult with the petitioner and other users, carers and guardians of users of the Kyle Adult Day Centre who had a legitimate expectation of such a consultation.

You can read the full opinion here.

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