Permission Granted in Judicial Review Concerning the Application of Human Rights Obligations to Private Care Providers

On 25 March 2021 HHJ Cotter QC granted permission to apply for judicial review in R (KG) v HF Trust Limited, a challenge to the decision of a private care home provider to cease providing the relevant care services. The case is of interest because it concerns the interpretation and application of s.73 of the Care Act 2014 (on which there is currently no authority), which sets out the circumstances in which private care providers will be subject to obligations under the Human Rights Act 1998. The Claimant argues that the decision is contrary to her Article 8 rights in the procedural sense (no consultation with residents or their families was carried out before the decision was made) and also in the substantive sense (the Defendant's primary justification for closure is that the "campus style" model of care no longer represents best practice, but the Claimant contends that there is no evidence the harm to the Claimant of losing her home was weighed against this justification).

The final hearing is due to take place in late May or early June 2021.

Katherine Barnes (led by Tim Buley QC) acts for the Claimant, instructed by Polly Sweeney at Scott-Moncrieff.