Ealing parents have failed in their appeal against a High Court decision surrounding the closure of ten children’s centres in the borough.
A judicial review of Ealing Council’s decision to close the sites across Ealing borough sided with the local authority, with the High Court rejecting the claimants’ suggestion the closures were legally flawed.
The review, brought by the parents of a two-year-old, was heard in February, with the judge’s decision announced in April. Shortly after, the two parents appealed this decision but the Court of Appeal has refused to even review the decision of the High Court.
This marks the end of the lengthy legal process surrounding the controversial decision which was first announced in April 2025. The claimants argued that the consultation process around the closure broke the law.
Councillor Claire Welsby was a lead campaigner for Save Ealing Children’s Centres, and has since become a councillor and Leader of the Green Party on Ealing Council. She told the Local Democracy Reporting Service (LDRS): “I’m disappointed that the decision to close 10 children’s centres will [go ahead]… and you know [there is] nothing we can do about that, that’s the end of the road for the courts… We can’t go any further legally, so what we must do is hold the council to account.”
She added: “The claim by the claimant, who was by default representing thousands of children and families across the borough was valid, and it has pushed the council to justify their decision…
“[Ealing Council] promise that services for children under five and their families will improve, and myself within the council can ask on behalf of parents to hold them accountable for their decision… We had great doubts on the campaign and the claimant and the case had doubts that this would be an improvement…. But it’s up to the council to prove us wrong now and improve these much valued and needed services.”
A spokesperson for Ealing Council said: “The council can now resume work on improving early help services. Our priority continues to be making sure families can access the right early help support across the borough based on what best meets local needs.
“Nothing is changing immediately and families will continue to be able to access early help support while plans move forward.
“We are working with partners to develop the detailed plans for implementing changes and as soon as they are finalised partners, families and stakeholders will be informed clearly and in advance about the changes and when they will happen.”
Ealing Council told the LDRS that it spent £109,630 fighting the judicial review.
What was the basis of the judicial review?
The claimant argued that the council had already decided to close the ten centres before holding a public consultation. They argued that the materials provided to the public did not adequately explain why specific centres were chosen for closure, making it impossible for the public to comprehensively respond.
The final claim argued that under Section 5A(1) of the Childcare Act 2006, the council must ensure “sufficient provision” of children’s services. The claimants argued the council failed to provide evidence that the closures wouldn’t negatively impact children’s outcomes.
Mr Justice Kimblin rejected all three claims. He said that the initial budget was merely a proposal, meaning prior consultation was not legally required. The fact that the council ultimately reduced the number of closures after the consultation proved the decision was not predetermined.
He found that the council provided enough information to foster a “two-way flow of information”, successfully gaining articulate public responses that led to material changes in the proposal. Furthermore, the council properly upheld the requirements of the Childcare Act by adequately weighing geographical, demographic, and financial factors, with no obvious errors or mistakes of fact.
