Home owner seeks help in battle over preserved rights payments

Posted on September 1st, by editor in Caring Times. No Comments

An independent care home operator is appealing to other care home owners to assist him in waging a legal battle with North Yorkshire County Council over preserved rights payments. Yorkshire Care Developments Ltd, which operates two care homes with nursing, of 50 and 76 beds, has brought an action against the local authority for non-payment of monies due under preserved rights provisions. At a court hearing in Newcastle in July, Judge Behrens disallowed the local authority¹s defence that the case could not be judged by private law, but that that the matter should be brought before judicial review. The judge also disallowed the council¹s argument that, because nursing home fees are “capped” by the level of fees the council would normally expect to pay, it was not liable to pay more than this amount. The third argument put by the authority was that, because complex statutory legislation governed the passing of responsibility for preserved rights¹ residents from central government to the local authority, it sh

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