Ed Mitchell & Clive Lewis QC on care home closures and the plight of vulnerable adults
In theory, a claim for judicial review of a local authority’s decision to close one of its care homes may succeed. In practice, however, successful claims are few and far between. Another addition to the list of failed claims was recently made by the High Court in R (Thomas) v Havering LBC; R(W) v Coventry CC [2008] EWHC 2300 (Admin).
The closures in the Havering & Coventry case were challenged on three grounds. First, that the closures would, if implemented, violate Art 2 of the European Convention on Human Rights which provides that “everyone’s right to life shall be protected by law”. Second, that the councils had failed to take into account evidence showing a link between care home transfer and increased mortality rates. Third, that the councils had failed, prior to making the decisions to close, to undertake an individual assessment of the effect of a move on each resident.
All grounds of challenge were rejected by HHJ Pelling, sitting as a Deputy High Court judge. As
