Legal bid to stop 25% cut in affordable childcare

The campaign to save the centres has been underway since 2021

Hackney Council is facing a High Court challenge by campaigners battling to save two children’s centres from closure.

Parents and campaigners claim that during the initial consultation to close Fernbank and Sebright children’s centres in Stoke Newington and Haggerston, alternative options were not offered and a lack of clarity regarding its funding, rendered it "unlawful" and "unfair".

The proposal is to cut 129 of the borough's 600 subsided childcare places.

Hackney Council has said the cuts are necessary to reduce its funding gap.

A protest was staged in February to save the two centres

Oldhill children’s centre in Clapton and Hillside in Stamford Hill are also facing a proposed reduction to term-time-only childcare services as part of the plans.

The first consultation in 2021 was met with a overwhelming negative response. As such, the council paused plans to "listen to resident concerns".

Since then, a new consultation in January invited alternative care providers to take over the two nurseries. The consultation also said if no providers are found by autumn both the nurseries will close in August next year.

Having gathered a new list of recommendations, this will be put before a decisive cabinet meeting on 16 September.

Natalie Aguilera, one of the campaign leaders said: "We do not want Hackney Council to be spending funds on court cases, but ultimately, we are firm in our belief that the consultation was unfair and unlawful, so we had no other choice than to pursue legal action."

She said that one of their key arguments in court will be that the council argues that the cuts are "necessary" but the funding for the nurseries is coming from a non-essential funding pot.

It is roughly costing the council £600,000 to fund the nurseries.

"We have been clear that we would fight tooth and nail to try to keep these valuable services – particularly the subsidised childcare – available to disadvantaged families, for which they are a lifeline," she added.

'No choice but legal action'

The council has previously said that there is a surplus of affordable childcare places in the borough.

In a formal response to the campaigners’ letter before claim, which was submitted in April and warned the council to expect a legal challenge, the Town Hall said it "does consider it necessary to achieve savings in the children’s service in order to reduce its overall funding gap".

It added: "Identifying a need to deliver savings does not suggest that such savings are inevitable and unavoidable. Nor does it necessarily imply that no alternative is available."

Hackney Council aims to find savings amid a £1m budget deficit, which they say is a result of a drop in nursery fees and higher operational costs.

It is trying to save £4m across its early years' service within the next three years.

Hackney Council was contacted again for new comment, but said it cannot comment on live legal proceedings.

The judicial review will take place on 6 and 7 November at the Royal Courts of Justice.