Statement on Court of Session decision

Published: 21st September 2022

The Court of Session yesterday issued its decision with regards to a legal challenge to the decision to close Teviot Day Centre in Hawick.

The judgement by Lady Carmichael determined that Scottish Borders Council’s decision to shut the centre was unlawful, on the basis that the equality impact assessment and consultation processes undertaken in reaching the decision were flawed. The impact of the judgement is that there is therefore now no legal decision in place to close the centre.

The centre was closed prior to Covid-19 and has not subsequently reopened.

The Council fully accepts the judgement of the Court and will not be appealing the decision. 

A report will be brought forward to Council next week setting out the recommended course of action.

The Council would like to apologise unreservedly to service users and their families for any distress or inconvenience they may have suffered in this matter.