WEST Berkshire Council’s cuts to respite services for disabled children are unlawful, according to a High Court judge.

The families of two severely disabled children from Newbury have successfully challenged the local authority in a judicial review into the cuts, which they said would leave their children socially isolated.

The families of a 14-year-old boy and eight-year-old girl, known only as DAT and BNM, took action after the council decided at meetings in March and May to cut the budget for the services provided by voluntary sector organisations by 48 per cent – from £415,600 in 2015/16 to just £200,000 for 2016/17.

Lawyers from Irwin Mitchell, acting for the families, applied to the High Court for a judicial review on the basis that the funding reduction breached a number of legal duties.

The High Court declared last Friday (July 22) that West Berkshire Council did not properly consider its legal duties before deciding to make the cuts, and that the subsequent decision was merely to “rubber stamp” the first one without being able to cure the original flaws.

The hearing, which took place in June at the Royal Courts of Justice in London, will now force the council to rethink its plans.

“We’re obviously thrilled that the judgment has gone in our favour,” said DAT’s mother.

“These services offer DAT support we cannot provide ourselves, because they allow him to socialise with his peers. They really are life-saving, not just for him, but for the family as a whole.”

BNM’s mother said: “These services keep the family together.

“Without the same level of support by West Berkshire Mencap this summer, BNM won’t get the care that is best to meet her very complex needs.

“Mencap provides an incredible service.

“There is nothing else like it out there for families like ours. It is a lifeline for us and for our daughter.”

West Berkshire Council said it was committed to supporting vulnerable families as much as it could with the resources available.

The care package previously funded by West Berkshire Council for the two children included short breaks and weekend clubs, after school clubs and holiday play schemes.

Alice Cullingworth, the solicitor who represented the families, said: “The High Court has decided that the council’s cuts were unlawful and they will now have to go back to the drawing board and take a new decision – this time complying with all their legal duties.”