Renfrewshire Council (RC) has confirmed that a total of £300,000 has been set aside for a new head injury service – which would be commissioned for three years – after the closure of the Quarriers service earlier this month.
Govan Law Centre had raised judicial review proceedings on behalf of a service user of the Renfrewshire Head Injury Service (RHIS) against RC and the Renfrewshire Health and Social Care Partnership (Renfrewshire Integrated Joint Board – RIJB).
The council agreed to provide a formal undertaking that its new equality impact assessment (EQIA) would include consideration of the impact of the loss of the past service in relation to its service users and how the new service would meet their needs going forward. In light of that undertaking, and the commissioning of a new service, proceedings were dismissed on a no expenses basis.
In February 2024, RC and the 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.
The legal challenge was 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 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 was Lorna Walker, senior solicitor at GLC; GLC’s Solicitor Advocate Mike Dailly acted for the petitioner and Laura McDonagh, Partner at Drummond Miller LLP acted as Edinburgh agents.
