Care home privatisation battle reaches High Court

Families of the care home residents attended the hearing in Leeds on Thursday

A bid to stop two council-run care homes for dementia patients from being transferred to the private sector has been heard at the High Court.

Kirklees Council confirmed earlier this year that Claremont House in Heckmondwike and Castle Grange in Newsome would be switched to private providers despite opposition from families and councillors.

A judicial review examining the legality of the council's move was heard at Leeds Combined Court Centre on Thursday.

After hearing arguments for and against the privatisation of the homes, Upper Tribunal judge Christopher Ward said he would make a decision at a later date, telling the court "there's an awful lot to think about".

Representing residents at the two homes who oppose the move, Peter Mant KC said they and their families were "gravely concerned that the transfer will lead to a decline in standards and could ultimately lead to closure".

He accused the council of "hard-edged procedural failings" over its final decision to privatise the homes in February.

Figures presented to the cabinet members who voted on the plans "didn't reflect the actual cost" of care and indicated "a lack of transparency", Mr Mant told the court.

He claimed there was also a "lack of consideration" of other options aside from transferring the homes into the private sector, along with how savings could be made to reduce losses the homes were making at the time of the vote.

The council's precarious financial situation was used to justify the decision as part of efforts to make almost £47m in budget savings, the court heard.

Mr Mant said the council was "blindly assuming" the homes could be operated in the private sector despite them running at a loss.

Claremont House in Heckmondwike is one of two homes set to transfer to the private sector

Peter Oldham, representing Kirklees Council, argued the authority's decision-making process "as a whole was rational".

He said the council "wasn't obliged" to present its cabinet members with every possible alternative option, but these still had been explored by officers.

The decision to privatise the homes would "highly likely" have been the same regardless of the alternative options, he added.

"[Officers] were explaining to members that it was simply more expensive to keep it in house," he told the hearing.

Options to reduce costs were considered, he added, but officers "came up with nothing material" - a claim disputed by Mr Mant in his closing speech.

Mr Oldham said the claimants had also failed to identify any financial savings which should have been considered.

He said the authority had ensured the homes would be financially sustainable if they were independently run, adding: "The council geared its consideration to ensuring that the purchaser would be viable."

Mr Oldham told the court selling the homes "doesn't change the claimants' care plans or anyone else's".

There was also no evidence their needs would not be met in the private sector, he added.

The families of those who would be affected by the changes packed the courtroom, with some displaying framed pictures of their loved ones during the hearing.

Judge Ward told the court he would make a decision "as soon as I can", but did not provide a date.

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