News

A man will not be forced to sell his house to pay for his father's nursing care as a result of a high court ruling this week.

Mike Beeson's father Christopher launched a high court test case earlier this year to ensure his son would not have to sell his home to pay Dorset Council for his nursing home fees. He died shortly after the court hearing in September.

Beeson gave the house in Weymouth, Dorset, to Mike when his son's marriage ended in 1997 leaving him potentially homeless.

The father continued living at the property for a further two years but then suffered a fall in August 1999 and realised he could no longer live independently. A month later he applied to Dorset Council for funding to move to a home, but was rejected on the grounds that by giving his son the house, he had "deprived himself of an asset with which he could have funded his residential care placement".

He twice mounted unsuccessful challenges to the decision under the council's internal complaints procedure, and his appeal was finally turned down by the director of social services and an independent panel. Christopher Beeson was subsequently told he would have to pay for his own care, including arrears of £6,000.

The case went to court and in September this year, Richard Drabble QC said that when Beeson gave his house to his son, it had never occurred to him that he may need council funding for residential care.

This week, Mr Justice Richards upheld Beeson's challenge to the council's ruling.

Richards said the council's decision to charge Beeson was based on a "total misunderstanding" of the subjective legal test the council should have applied.

He ruled that the council's complaints procedures fell foul of the European Convention on Human Rights as Beeson had not been given a hearing by an "independent and impartial tribunal".

Dorset Council has been ordered to pay legal costs.