Judge rejects £1m claim against council over care home referral suspension

A High Court judge has rejected a £1m misfeasance in public office claim brought by the owners of a care home after a local authority suspended referrals and advised and supported residents to move to other homes, it has been reported.

Herefordshire Council took action in 2010 after the Rosedale Care Home in Ross-on-Wye received a zero-star rating from the Care Quality Commission.

According to St Ives Chambers, the claimants argued that the Choice Directions disentitled a local authority to intervene in cases where a prospective resident chose a home which the council considered to be failing.

“Further losses were alleged after safeguarding concerns in May 2010 and the council acted to advise residents at the care home of the situation and facilitate their moves if they chose to relocate,” St Ives said.

Herefordshire did not tell the care home owners of the suspension on placements during the police investigation.

Mr Justice Mitting rejected the claims, finding that Herefordshire had acted lawfully and the officers’ actions were in good faith with the interests of residents at heart.

Kelvin Rutledge QC of Cornerstone Barristers and Anya Newman of St Ives Chambers appeared for Herefordshire.

St Ives Chambers said the judgment had far reaching consequences for the impact of the Choice Directions, the extent of adult safeguarding powers and duties (pre Care Act), and the legality of withholding information as a public body.