Court rules that Pembrokeshire Council must recalculate the fees it pays to operators of independent care homes
A Welsh council has been obliged to recalculate the fees it pays to four care homes after what care providers in Wales hail as a landmark legal ruling.
At the High Court in Cardiff, a judge said that the way the fees paid by the county council in Pembrokeshire were worked out was “unlawful”.
It emerged that the council had not adhered to the guidance of the Welsh Assembly Government. The council was also criticised because it did not have a strategic plan in relation to providing social care services.
The judgement came at the end of a Judicial Review secured by the homes’ owners who claimed the council were guilty of “chronically underpaying” the fees. Interim costs of £85,000 were awarded against the council.
Experts say the judgement sets an important precedent for service users across Wales whose services may be at risk as a result of underpayin