Residents lose closure fight

Two residents of an older people’s home in Walsall lost a high
court battle to prevent its closure using human rights

Ivy Phillips and Evelyn Rowe argued that they were promised a
“home for life” at the Fred Evans Home and closing it would breach
their right to have respect for their private and family lives
under article 8 of the European Convention of Human Rights.

But Mr Justice Lightman rejected their claims. He said that
there was no firm evidence of a promise of a home for life and the
council had carried out a thorough consultation. He also ruled that
there was no need for the council to carry out fresh assessments of
residents’ care needs before the closure as they could be met just
as well in another home.

It would cost £3,000 per week for each resident to keep the
home open. The judge said that even if the decision had breached
article 8, “it would surely be justified as required for the
economic well-being of the council and of those in need of its

There are three residents at the home as the rest had already
been moved to other homes.

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