FAMILIES of two severely disabled children have won a judicial review into cuts to short break services.

The families of a 14-year-old boy and eight-year-old girl from Newbury challenged West Berkshire Council over cuts they say left children isolated.

The council cut 48 per cent of funding for short break services from the voluntary sector in March.

Alice Cullingworth, expert public law lawyer at Irwin Mitchell, representing the children, said: “The High Court has decided that the council’s cuts were unlawful and they will now have to go back to the drawing board and take a new decision – this time complying with all their legal duties.

“With the summer holidays on the horizon many families were very concerned about the impact the cuts would have. They are now hopeful that the council will think again and confirm that these services will continue to be funded.”

West Berkshire Council cut the funding for disabled children’s respite services from £415,600 in 2015/16 to just £200,000 for 2016/17.

The cuts meant that Crossroads Care Oxfordshire’s services would reduce by approximately 40 per cent and West Berkshire Mencap would provide 1,200 fewer hours of support over summer holidays compared with last year.

Lynne Doherty, West Berkshire Council’s Executive Member for Children’s Services said: “A reduction in short breaks funding was not something we wanted to do but we were left with no choice following a severe reduction in our central government grant.

“It was a decision we made after a prolonged and painful consideration.

“This hearing wasn’t about the decision itself but about how the decision was made. In the coming days we will consider the implications of this and our next steps.

“We have always been acutely aware that the decisions we’ve made will have an impact on people who have come to rely on the support we provide.

“It’s also our aim to provide discretionary short break funding to families. This provision remains important to us – as does all the support we provide to our most vulnerable residents.”

Una Summerson is head of policy at Contact a Family, a charity for families with disabled children.

“Sadly West Berkshire isn’t unique in making cuts to short breaks services,” she said.

“Research we carried out last year showed more than half of local authorities have cut spending on short breaks for families with disabled children since 2011/12.

“Our research also shows that families are reporting it is more difficult to access short breaks.”

Case study 1

The young boy, known only as DAT, has severe autism and a neurological disorder. He requires around-the-clock care, cannot wash or dress himself or be left unsupervised.

His mother, said: "These services offer DAT support that we cannot provide him ourselves, because they allow him to socialise with his peers.

"Without short breaks he’ll be completely socially isolated. They really are life-saving, not just for him but for the family as a whole."

DAT used a service that enabled him to visit the zoo, play with other disabled and go swimming, giving his parents and three siblings a break.

Case study 2

THE family of an eight-year-old girl was one of two at the heart of the judicial review.

BNM has autism, ADHD, epilepsy, and, cortical dysplasia, impacting the emotional and impulse control area of the brain.

Her mother said she requires constant attention and can be incredibly volatile and sometimes violent.

“These services are what keeps the family together,” she said.

“Without the same level of support by West Berkshire Mencap this summer, BNM won’t get the care that is best to meet her very complex needs.

“Mencap provides an incredible service. There is nothing else like it out there for families like ours. It is a lifeline for us and for our daughter.

“We believed the council had not taken into account its legal obligations and the profound consequences of the cuts before it took its decision.

“Now we feel our legal challenge has been justified, and everyone who relies heavily on these precious services will be relieved and delighted.”

Previously BNM benefited form a care package funded by West Berkshire Council, including an after-school club and holiday play scheme.