Hackney Council is facing a High Court challenge from campaigners fighting to save two children’s centres from closure.
Parents and campaigners claim that no alternatives were offered in initial consultations to close the Fernbank and Sebright children’s centre in Stoke Newington and Haggerston and that the funding was “unlawful” and “unfair” due to a lack of clarity.
The proposal calls for the elimination of 129 of the 600 subsidized childcare places in the district.
Hackney Council said the cuts were necessary to reduce the funding gap.
The plans also include a reduction in childcare services available only during school hours at Oldhill children’s centre in Clapton and Hillside children’s centre in Stamford Hill.
The first consultation in 2021 received an overwhelmingly negative response, so the council paused the plans to “listen to local residents’ concerns”.
In January, a new consultation invited alternative childcare providers to take over the two kindergartens. The consultation also stated that if no providers were found by the autumn, both kindergartens would close in August next year.
Once a new list of recommendations has been compiled, it will be presented to a crucial Cabinet meeting on 16 September.
Natalie Aguilera, one of the campaign leaders, said: “We don’t want Hackney Council to spend money on legal proceedings, but ultimately we firmly believe that the consultation was unfair and unlawful, so we had no choice but to take legal action.”
She said one of her main arguments in court would be that the council was claiming the cuts were “necessary” but that the funds for the nurseries were coming from a non-essential funding pot.
Funding the nurseries costs the council around £600,000.
“We have made clear that we will fight with all our might to ensure that these valuable services – especially subsidised child care – remain available to disadvantaged families for whom they are a lifeline,” she added.
“No choice but legal action”
The council had previously stated that there was a surplus of affordable childcare places in the district.
In a formal response to the activists’ letter, submitted in April, warning the council against legal action, the council said city hall believed it was “necessary to make savings in children’s services to reduce the overall funding gap”.
It goes on to say: “The statement that savings are necessary does not mean that these savings are inevitable and unavoidable. Nor does it necessarily mean that there is no alternative.”
Hackney council is looking to make savings as it faces a £1 million budget deficit, which it says is due to lower nursery fees and higher running costs.
The company is trying to save £4 million across the entire first quarter over the next three years.
Hackney Council was again approached for further comment but said it could not comment on ongoing legal proceedings.
The judicial review will take place on 6 and 7 November at the Royal Courts of Justice.
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