Backlog ruling could trigger legal battles

A care home owner on the Isle of Wight has won
a court case that will mean the council has to pay a backlog of six
months’ invoices.

Richard Jones, chairperson of the
Isle of Wight Registered Care Homes Association, who represented
himself against the council, began legal action last October after
it failed to agree terms for a new contract (News, page 12, 18
October).

As a
result, Jones increased the fees unilaterally and began billing the
council at the new rate.

His
victory could prompt other care home owners around the country to
take similar action. He and the council will now agree a financial
settlement to cover the six month-backlog.

Isle
of Wight Council was unavailable for comment.

Meanwhile, three care homes
associations in the North – Liverpool, Lancashire, and St Helens
and Knowsley – are poised to take legal action against
councils.

Liverpool Care Homes Association
is seeking a judicial review against Liverpool Council. It is
arguing that a £70 per week shortfall in the fees means the
homes are being forced to breach a regulation of the Care Standards
Act 2000.

Meanwhile, in Lancashire, 11
residents in private care have added their names to the legal
challenge being mounted against Lancashire Council’s decision to
cut the number of placements for older people.