Legal challenge to the decommissioning of Renfrewshire Head Injury Service

Govan Law Centre (GLC) has accepted instructions and raised proceedings today for judicial review in the Court of Session on behalf of a client of the Renfrewshire Head Injury Service (RHIS).

In February 2024, Renfrewshire Council (RC) and the Renfrewshire Health and Social Care Partnership (Renfrewshire Integrated Joint Board – RIJB) decided to decommission and end the unique services provided by the RHIS to adults and young persons with brain injuries. RHIS services are provided by the Scottish charity Quarriers. Proceedings are against both RC and RIJB.

Decommissioning RHIS will have a significant adverse impact on service users who rely on the service for care, support and a sense of community. The majority of referrals come via NHS Scotland sites and there around 80 service users currently engaging with RHIS.

Legal challenges are focused on the failure of both respondents to properly exercise duties under section 149 of the Equality Act 2010 in relation to the decommissioning of RHIS; the failure to carry out an Equality Impact Assessment (“EQIA”) which satisfied the requirements of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, SSI 2012/162 and the failure to consult those affected at Scots common law.

The instructing solicitor is Lorna Walker, senior solicitor at GLC; GLC’s Solicitor Advocate Mike Dailly acts for the petitioner and Laura McDonagh, Partner at Drummond Miller LLP acts as Edinburgh agents. The petition will require to satisfy the legal test for permission to proceed in terms of the 1988 Court of Session Act.

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