Decision to close care home reversed

Decision to close care home reversed


CategoryNews Author Steve Broach , Gethin Thomas Date

The Disabilities Trust, a private care provider which operates Hollyrood Care Home, in Lindfield, near Haywards Heath, West Sussex, has reversed its decision to close the care home, following the issue of a judicial review claim on 13 October 2021. The Disabilities Trust had announced in August that it intended to close the home, which cares for adults with autism. The claim was supported by residents at the care home. Steve Broach and Gethin Thomas acted for the successful party, instructed by Oliver Studdert and Oliver Carter of Irwin Mitchell.

The claim was brought on two grounds:

  1. Breach of Article 8 ECHR: The first ground contended that the decision had breached Article 8 of the European Convention on Human Rights, contrary to section 6 of the Human Rights Act 1998, in two material ways. First, the Disabilities Trust had totally failed to consult, or otherwise involve, those affected by the decision-making, in breach of the procedural obligation inherent in Article 8. Secondly, the decision also breached the Claimant’s substantive rights to respect for his private life and his home, as it was a disproportionate interference with those rights.
  2. Breach of the Public Sector Equality Duty: The second ground alleged that the Disabilities Trust failed to comply with the PSED. It had not carried out an impact assessment at the time the decision was taken to close the care home.

Following the issue of the claim, the Disabilities Trust withdrew its decision to close Hollyrood. It has stated that Hollyrood will remain open and that it will hold a consultation with residents and their families about the future of the care home.  An external agency has been appointed to manage the consultation.

More information is available from the Claimant’s solicitors, Irwin Mitchell

 


Related Barristers


Legal updates


Subscribe to our newsletters, updates and seminars.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email