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13:09 GMT, Friday, 16 May 2008 14:09 UK

Legal battle over centre falters

Aberdeen City Council

Campaigners have suffered a setback in their fight against the closure of a day-care centre in Aberdeen.

Aberdeen City Council is shutting the Choices centre in June as part of its £27m programme of budget cutbacks.

One of the centre's users went to the Court of Session in Edinburgh asking a judge to order the council to put its plans on hold.

However that move was rejected on Friday after a judge ruled that his needs could be met in other ways.

It was believed to be the first time in Scotland that such action had been taken under new disability legislation.

Choices, in Westburn Road, offers respite care for 56 physically-isabled people.

Centre user Kevin McCahery, 45, who suffers from spina bifida and diabetes and is confined to a wheelchair, hoped for legal support.

He uses the centre twice a week for history classes and computer sessions.

The centre also provides other activities including aromatherapy, yoga, gym, ten-pin bowling, bingo and a lunch club.

'Socially isolated'

Mr McCahery's place there was provided to prevent him becoming "socially isolated and depressed".

He has said that without the centre he and others would become depressed, or even suicidal.

However Lord Carloway rejected the call for an interim interdict.

The Court of Session was told that Aberdeen City Council produced a report on their day centres, aimed at finding the best way to use limited resources to provide services for adults, particularly the elderly.

The campaigners against closure claimed there was a lack of proper consultation before the decision and accused the council of failing to carry out duties demanded by disability legislation.

They have asked for a judicial review of the local authority decision - which has still to come to court.



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Related to this story:
Legal challenge over care centre (02 May 08 |  North East/N Isles )
Pensioner in council tax protest (30 Apr 08 |  North East/N Isles )
Thousands march over council cuts (05 Apr 08 |  North East/N Isles )

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