Families go to court over day centres axe

COMMISSIONER MAX CALLER ACCUSED OF 'OVERSTEPPING HIS POWERS'

- JANE HAYNES

TWO disabled users of axed city day centres have named government-appointed commissioner Max Caller in a civil court case.

The case is being brought in the names of Robert Mason, 63, and Jenny Gilbert, 50, who attended day centres embroiled in closure threats from cash-strapped Birmingham City Council.

Four out of nine centres were eventually closed down in the face of fierce opposition, with the council saying everyone affected was offered an alternative place.

Robert's nephew James Cross and Jenny's father Allan Gilbert are spearheading a court bid in the name of their loved ones to try to prove that Mr Caller interfered in democracy when he blocked scrutiny of the decision.

They claim Mr Caller acted beyond the powers granted him under intervention directions and was in breach of the Local Government Act when he told the city solicitor to block requests by councillors for a 'call in' of the decision.

Mr Caller claimed the council had already spent enough time consulting on the issue and further delay was not necessary.