Court of Appeal to hear dispute over closure of drop-in centre for adults with mental health difficulties

The claimants in Gould v Devon County Council have been long-term, regular users of the North Devon Link Service.

The county council planned to work with Devon Partnership NHS Trust - an interested party in the case - and Devon Mental Health Alliance to support service users in alternative community services.

The closure of the drop-in centre was due to pressures on Devon’s budget forcing it to review non-statutory services, and because in its view other public bodies were providing alternatives that met users’ needs.

The claimants argued that the respondent local authority failed to take account of statutory duties under the Care Act 2014 and under section 2B of the National Health Service Act 2006 when deciding to close the service on 13 March 2024.

They further argued closing the service was outside the range of rational decisions open to the council and the decision was demonstrably flawed by the failure to consider these policies.

Permission was granted on all grounds in June 2024.

In January 2025 Mr Justice Eyre ultimately held that the statutory provisions relied upon were material considerations but nonetheless dismissed the claim.

The applicants are seeking permission to appeal that dismissal.