Court of Appeal to hear challenge to transfer of care homes by council to private sector

The claimant, a resident at Castle Grange care home, challenged Cabinet decisions taken at Kirklees Council between late 2023 and early 2025 relating to reports and consultations about the future of Castle Grange and Claremont House.

The claim concerned the legality of the council’s process in deciding to transfer, rather than close or continue operating, the residential dementia care homes, which the council said were operating at a substantial cost.

The claimant's legal team argued that Kirklees' decision was "predicated on financial savings yet its basis involves multiple gaps in the reasoning and consideration on this issue".

In December 2025, Upper Tribunal Judge Ward, sitting as a judge of the High Court, found in Hughes, R (On the Application Of) v Kirklees Council [2025] EWHC 3136 (Admin) that the only ground in which the claim “potentially” stood to succeed was in the council's failure to update the figures used for the projected cost of purchasing the services from a private sector provider.

The judge concluded, however, that it was “highly likely” that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred.

He added: “I am therefore required by s31(3D) of the 1981 Act to refuse leave.”

The appeal will be heard by Lord Justice Zacaroli, Lady Justice May and Lord Justice Dove.