Dundee City Council has been warned it faces the “full weight of the law” if members of the social work and health committee decide tonight to close Kemback Adult Resource Centre.
A legal firm representing the Kemback Street Users Group say they have uncovered evidence with the help of Dundee-based MSP Jenny Marra that the council has acted outwith the legal requirements in preparing their case for closure.
The MSP has accused council chiefs of forcing the closure, and Thompsons Solicitors, who are acting on behalf of the service users, claim an independent report has not been properly carried out “as required by law”.
Councillors will make a final decision on the centre’s future tonight at the city chambers, where opponents of the plans are expected to put up a strong argument to retain the facility.
Thompsons partner Patrick McGuire said: “Should the council decide to close the centre, Thompsons will have absolutely no qualms about using the full weight of the law to overturn this decision.
“If our hand is forced we will not hesitate to reopen judicial review proceedings to challenge the closure of this much needed community facility.”
A first attempt by the council to close the centre was thwarted by a Judicial Review led by Thompsons, who showed the authority had failed to properly consult on the closure and were seeking to steamroller it through without proper checks and balances.
The challenge led to the council backing down and ordering an independent report which is due to be considered by the social work and health committee tonight.
The legal team along with Jenny Marra say that the independent report is flawed and councillors should vote against its recommendations, or the council will be hit with further legal action.
They say the evidence uncovered suggests the council has been “running down” the centre throughout the review.
They are accused of having encouraged service users to leave the centre, discouraging new service users and reorganising staff in a way that shows their minds were made up.
A significant amount of anger is focused on the director of social work, Jenni Tocher, who stated in a public meeting during the independent review process that she favoured closure.
Addressing the social work and health committee in March she is recorded as saying: “The director of social work will also make clear to all consultees that she has recommended that Kemback Street Adult Resource Centre be closed”.
Ms Marra said: “I am shocked by the lengths that Dundee’s SNP will go to close Kemback Street. People were being turned away from the centre and sent elsewhere … when no decision was supposed to have been taken.”
Chairman of the Kemback Street Action Group George Stewart said: “We have not yet given up hope completely and will be making vigorous representation to the council on Monday.”
Labour group leader Councillor Kevin Keenan also urged the SNP administration to withdraw the item from the agenda in order to reach a suitable compromise.
He argued that all staff should be transferred to the proposed alternative facility at the Wellgate Centre.
However, social work and health convener Ken Lynn replied: “I don’t feel it is necessary to withdraw Monday’s report to the social work and health committee re: Kemback Street. Whilst unable to agree that all staff should be transferred… to the Wellgate Day Centre… I can assure you that those staff who have a relationship with service users will transfer to Wellgate and remain as long as is necessary.”
See Tuesday’s Courier for full coverage of tonight’s decision.