North Somerset youth funding cuts unlawful, rule judges

Aaron Hunt, from Banwell, challenged the local authority’s decision to cut funding to services and argued that a decision was made without adequate consultation.

The 22-year-old youth service user, who has ADHD, learning difficulties and behavioural problems, also argued that the council failed to give due consideration to the needs of vulnerable users protected by the Equality Act 2010.

Hunt’s initial case was thrown out in the High Court in July last year but he won the right to take it to the Court of Appeal.

A 30-page judgment published on Wednesday, reveals that judges backed Hunt’s case and agree that North Somerset Council failed to act in accordance with the law when it made the decision to make cuts to funding in February 2012.

However, due to time that had passed since the council’s initial decision to cut funding, the court decided it would be "inappropriate" to ask it to revisit its decision.

Cianan Good, of Public Interest Lawyers, who represented Hunt, hopes the judgment will encourage North Somerset Council to hold appropriate consultation over any future decisions.

He said: “Although the court has ultimately determined that it will not require the council to revisit that decision, it does not detract from the fact that the council’s processes have been found to be wanting.

“It is hoped the council will now give appropriate consideration to the criticisms made of it in the judgment and that any future decisions taken, whether in relation to youth services or any other important public service, will be sure to respect the views of those within the North Somerset area as well as the law.”

A spokeswoman for North Somerset Council said the area’s youth services have improved as a result of the changes made by the local authority.

She said: “We are pleased that the Court of Appeal does not require us to revisit our original decision to provide services for young people in a different and more positive way.

“However, we will consider the judgment and ensure that our approach to equalities impacts and consultations is robust and appropriate when making decisions about future service provision.

“We do believe that the services delivered locally for young people, as a result of the changes, are an improvement on previous arrangements, delivering positive activities for young people across North Somerset.”