Campaigners claim victory as Clair Hall closure order withdrawn

Clair Hall campaigners are celebrating victory in their bid to overturn the permanent closure of the Haywards Heath venue.
Clair Hall is currently being used by the NHS as a Covid-19 vaccination centre. Pic by Steve RobardsClair Hall is currently being used by the NHS as a Covid-19 vaccination centre. Pic by Steve Robards
Clair Hall is currently being used by the NHS as a Covid-19 vaccination centre. Pic by Steve Robards

The Tory-led Mid Sussex District Council agreed to shutter the hall back in September, despite concerns about the decision-making process and lack of public consultation.

Campaigners then issued proceedings in the High Court for a judicial review to overturn the decision on the grounds the council had acted unlawfully by failing to consult, failing to comply with procedures set in its constitution and that its decision was irrational.

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In the midst of this the site has been used as a Covid testing centre and now as a base for vaccines against the coronavirus.

A statement from campaigners said the council had ‘conceded defeat and agreed a consent order withdrawing their decision to permanently close Clair Hall’.

They added: “The campaigners agreed not to pursue a claim for full costs, to which they are entitled, as these would ultimately only be paid by the community.

“The whole situation will now have to be totally reviewed and full consultation undertaken with the electorate and interested parties on the future of Clair Hall.

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“Both parties agreed to now attempt to amicably settle this dispute and it is hoped a meeting will be held with Mid-Sussex District Council at the earliest opportunity to agree a way forward. Save Clair Hall, It’s Magic and Haywards Heath Community CIC welcome this decision and look forward to working with MSDC to resolution.

“For the time being Clair Hall will remain open and the NHS will continue its great work in dealing with vaccinations against Covid-19.

“We would like to thank the public and all of our kind supporters for their efforts and valued input, particularly all of those who gave statements filed with the court, which greatly assisted with our battle.

“We will focus on community and public provision as we continue with our efforts to return a community facility to the public.”

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One of the campaigners opposing the closure, who cannot be named for legal reasons, instructed public law and human rights experts at Irwin Mitchell to investigate.

Solicitors at Irwin Mitchell applied to the High Court for a judicial review to examine the legality of the decision. They argued that the decision to close the hall was irrational and the local authority had acted unlawfully by not carrying out a consultation with the community beforehand. It was also argued that the council had failed to have due regard to the impact of the closure decision on disabled people and children, as required by law.

The council agreed to reconsider its decision and the proceedings have therefore concluded.

The council must now re-take the decision within 12 months and must not rely on the original closure decision in any way until such reconsideration has taken place.

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Rosie Campbell, the specialist public law and human rights lawyer at Irwin Mitchell representing the claimant, said: “We’re delighted that the Mid Sussex District Council has listened to the concerns of our client and the other campaigners, and will now withdraw the current plans to close Clair Hall and rethink the decision. The court has ordered that the council must not rely on its previous decision in any way.

“Like many other people in the community, our client, who is disabled, relies heavily on the hall to help him have any kind of social life. Due to severe mental health conditions, he ordinarily finds it incredibly difficult to get out and about. Clair Hall is just over a mile from his home and has provided him access to community activities he enjoys and hopes to do so again when lockdown restrictions are lifted.

“Closing the venue would take that away from him and means he would spend more time at home in isolation. He was deeply saddened to hear of the closure and believes the local authority acted unlawfully by not undertaking any consultation prior to their decision, despite a prior promise that it would do so.

“We’re therefore thankful to the council for working with us and the campaigners to reconsider this and acknowledge opinions of the local community. It was the outcome we hoped for.”

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Marion Wilcock, director of the Haywards Heath Community CIC and member of the campaign group fighting to keep the hall open, added: “We are delighted that, as a result of the judicial review proceedings brought by a member of our community, the council’s decision to close Clair Hall permanently no longer stands, and the council must re-take the decision within 12 months.

“That decision was made without any consultation and without proper consideration of the impact of the closure on the community. Clair Hall is more than just a building to us and has served as a much-loved community hub for decades. The actions of the council have sadly damaged the trust between itself and our community.

“As a result of the legal case, the council must now take the decision again, and we sincerely hope that this time it will abide by its legal duties to consult the community before any decision is made about the future of Clair Hall. We look forward to working together with the council.”

Liberal Democrat Group Leader Alison Bennett said: “I welcome the High Court ruling which means that Mid Sussex District Council has agreed to withdraw its decision to close Clair Hall and to use its best endeavours to complete a full public consultation on the building’s future. This is a positive step for the large number of people in Mid Sussex that Clair Hall serves.

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“The Liberal Democrats have always argued that Clair Hall needed to stay open whilst full plans to deliver its replacement are developed and approved. Our position remains unchanged.

“Further, we are glad that this ruling recognises that the original Liberal Democrat objections to the way in which the Conservatives took the decision to close Clair Hall were valid. By activating the ‘Call-in’ procedure on this decision, we provided councillors with an opportunity to revisit the chosen course of action. Had the Conservatives listened to us, they would have avoided wasting taxpayer’s money in costly legal proceedings.

“It is very good news that the closure decision has been withdrawn but it is not the end of the story. The Liberal Democrat councillors will be focused on the public consultation the Council has committed to carry out, to ensure that it properly reflects the views of residents. My hope is to see a return to Clair Hall being used for meetings, performances, blood donations and many other activities until a replacement venue is available.”

Meanwhile a statement from the Green and Burgess Hill Independent group of district councillors welcomed the outcome, but described it as a ‘pity that private legal action and finance were required to overturn the decision’.

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They added: “Officers’ time could have been far better spent on Covid-related matters, or even getting the old Burgess Hill Library knocked down and sorting out the McDonald’s roundabout, but they were tied up with the costly mess that the Conservative cabinet had created.

“Looking to the future, we hope that the consultation on Clair Hall is thorough and far- reaching. Let us not forget that just a few years ago, groups in Burgess Hill were advised to transfer to Clair Hall when the Martlets Hall was closed down by the district council. It seems strange that this council thinks we can go from two venues to none.”

Jonathan Ash-Edwards, leader of Mid Sussex District Council, explained how both parties had agreed to dismiss the claim. The council has reopened the building for the Covid vaccination programme and the ‘future of the facility will be considered further when the NHS no longer needs the site’.

He added: “Since the decision on Clair Hall, the pandemic has worsened considerably and the Covid-19 vaccination programme currently using the building is the national priority.

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“Both parties recognise the importance of amicably settling legal disputes, particularly when taxpayers money is being used and in the midst of a pandemic.

We are pleased to have now reached a practical solution, acceptable to both sides, that has been approved by the court.”

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The number of people who have been vaccinated so far at Clair Hall in Haywards H...

As detail of the full vaccination programme is still emerging, it is not known how long the NHS will need the building for. As a result, the council has provided a flexible licence that can accommodate whatever the NHS needs.

Judy Llewellyn-Burke, deputy leader of MSDC, added: “At this stage it is not clear how long the NHS will require the site for, so the council has offered the NHS a flexible licence. This means the NHS will be able to use the building for as long as they need to complete the vaccination programme. When the NHS use comes to an end, we may again review the future use of the site informed by further public consultation to complement that done recently on the Haywards Heath masterplan.”