A DAY care centre for adults with additional support needs has reopened after a judge ruled that the decision to close the centre was ‘unlawful’.

Kyle Day Centre was back in business yesterday (Monday 13) with three service users choosing to return.

South Ayrshire Council issued an apology to service users, after admitting they did not consult with them during the decision-making process.

Three service users returned to the care facility when it re-opened, with a further 17 service users choosing alternative arrangements that were in place for them.

It comes after a report by the BBC news show The Nine revealed that the centre was unlawfully closed after a legal challenge by a parent whose son uses the centre.

In court last month, Lord Boyd of Duncansby stated that the failure to consult “went to the heart of the decision-making process”.

He wrote: “That process was fundamentally flawed by the failure to consult persons who had a legitimate expectation of such consultation.

“It resulted in a feeling of grievance and injustice in the making of a decision which had profound implications for a group of vulnerable people.”

Lord Boyd also stated that families were “kept in the dark until two months after the decision to close”.

SAC yesterday acknowledged they were at fault to close the centre, but say the numbers using the service had fallen by nearly a third in 2019.

Councillor Brian McGinley, chair of the Integrated Joint Board said: “We fully accept the judge’s ruling and will be complying with all of the requirements set out in the decision. We apologise to the Kyle Day Centre service users for not including them at an earlier stage in the decision making process.

“The centre reopened on Monday, January 13, with three service users choosing to return. The other 17 service users are happy with the alternative arrangements in place for them. Previously, day care centres were the only option for those with learning disabilities.

“However, through self-directed support, people now have much more say in their care. The numbers of people using Kyle Day Centre fell by nearly a third in 2019.

“We continue to work with our partners to ensure services meet the needs of those who use them. During January, we will contact previous and existing users of the centre to get their views. Their opinions, along with other information, will be used to determine the future of Kyle Day Centre.”

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