Human rights not infringed by closure

A group of older people face eviction from their care home after
a high court judge ruled that their human rights had not been
infringed by a decision to close Delamere House in Merseyside.

Lawyers for nine of the 26 residents of the home, which is owned
by private company Southern Cross, challenged the local
authority’s decision, arguing that there had not been proper
consideration of the fact that moving “could be their death” and
that their right to life under the European Convention on Human
Rights had been infringed.

But Mr Justice Silber said that there was “totally inadequate
evidence” to suggest this was the case.

St Helens Council welcomed the ruling and said the case
highlighted the national problem of funding for care homes. A
spokesperson said that the decision to close the home was “made by
the company who own it and was not a council decision”, and that
the council had been making arrangements for new placements for the

Fenella Morris, who appeared for the council, said that spending
too much on Delamere House would have created risks to other
individuals dependent on council services.

She added that Southern Cross had threatened to close the home
within seven days unless the authority met their demand for
£450 per week for each resident. The council’s offer of
£413 was rejected.

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