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Two residents of an older people's home in Walsall have lost their High Court battle to prevent its closure using human rights legislation.

Monday 30 April 2001 00:00

Two residents of an older people's home in Walsall have lost their High Court battle to prevent its closure using human rights legislation.

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

But Mr Justice Lightman rejected their claims, saying that there was no firm documentary or other evidence of a promise of a home for life. The council had carried out a thorough consultation, he said. 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.

There are currently three residents at the home as the rest have been moved to other homes after Walsall Council decided in January to close the home.

It would cost £3,000 per week for each resident to keep the home open. The judge said 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 services".

Social services director Don Phillips said: "From the council's point of view we are pleased that the court held that we followed the proper procedures. Beyond that all we are anxious for now is to reach agreement quickly with the families of the three residents for alternative placements. We have offered to place the three together in another home."

The Fred Evans Home is expected to close shortly.

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