High Court orders rolled-up hearing in care home closure case

The High Court has ordered a rolled-up hearing of a judicial review challenge where a 101-year-old woman is seeking to halt the closure by a local authority of three of its care homes.

The claimant, Mrs Karia, is a resident of one of the homes, Herrick Lodge. The other two homes proposed for closure by Leicester City Council are Elizabeth House and Nuffield House.

Mrs Karia, advised by law firm Deighton Pierce Glynn, is also challenging the local authority’s decision to pull out of direct care provision altogether.

The claimant will argue that Leicester’s decision was based on a misreading of data on future demand. Her legal team will also argue that “the loss of the culturally sensitive care that Herrick Lodge in particular provides was not adequately recognised by the council”.

The hearing ordered by Mr Justice Green is expected to take place in April or May.

Daniel Carey of Deighton Pierce Glynn said:“The council’s decision to withdraw from care home provision was a momentous one....

“Balancing the books is all well and good, but you have to get it right, and you cannot side-line the impact of your decision. I am hopeful therefore that the judicial review court will ask the council to think again.”

A Leicester City Council spokesman said: “Rolled-up hearings are not uncommon, and enable the court to hear evidence from all parties before deciding whether firstly to grant permission to the claimant to proceed, and if permission is granted, to then deal with the main challenge.

"As it stands, the council's decision remains valid, and the council is clear it has accurately understood the forecasting data and all other legal issues.”

He added: "We have had a very long and thorough process of consultation and analysis leading to this decision. Demand for placements within the council’s elderly person’s homes is reducing, making some of the homes unsustainable. Herrick Lodge is  the most under-occupied of all of our eight homes. "