In early November, the High Court in Manchester ruled that Sefton Council had acted unlawfully in making its decision to freeze care home fees for the second year running. Local care homes had previously decided to make no increase in care home fees in 2010/11, even to compensate for the effects of inflation. The Council also decided that there would be no increase in 2011/12.
The claimants against Sefton Council’s decision to freeze payments were Sefton Care Association, Melton Health Care Limited, Westcliffe Manor nursing home, Benridge Care Homes and Craignair care home. The financially-constrained action brought backing by both independent and charity-based providers in the local community.
According to the Registered Nursing Home Association (RNHA), the High Court judgement means local authorities throughout England and Wales will need to make sure the fees they pay care homes to look after older people reflect the actual costs of providing care.
“This is a victory for some of the country’s frailest older people who rely on councils to meet the cost of 24-hour care,” said RNHA chief executive Frank Ursell.
“The ruling was that Sefton Council acted unlawfully. It means councils can no longer turn a blind eye to the rising costs of food, gas, electricity, staff and other goods and services that care homes have to provide for the health and well-being of their residents.
“It’s simply not good enough for councils to say they are having to cut their budgets. This landmark judgement means they are going to have to adopt a fair and realistic approach to care home funding from now on.
“A clear legal precedent has been set. Prudent councils will need to take that into account when setting their budgets for 2012/13. What the judge made clear is that councils cannot resort to blaming the government. They themselves have statutory duties to meet. The buck stops firmly at the town hall.”
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