Equalities watchdog intervenes in care home funding judicial review

The Equality and Human Rights Commission is intervening in a judicial review over levels of care home funding, it has emerged.

The watchdog said its intervention in R (South West Care Homes and others) v Devon County Council would outline the responsibilities of public authorities to show due regard to the need to eliminate discrimination and to advance equality of opportunity.

The claimant care homes brought the judicial review over concerns over the level of funding for older and disabled people allocated by the county council.

It is the second time in a year that Devon has faced judicial review over its payments to providers. This latest case is being heard by the Administrative Court in Cardiff.

John Wadham, Group Director Legal at the Equality and Human Rights Commission, said: “We hope that this case will highlight the importance of local authorities considering all service user needs under the Equality Act 2010. If local authorities identify any potential adverse effects on 'protected groups' such as older and disabled care home residents, they need to be able to show these have been considered before putting plans into action.”

The care home hearing comes in the same week that Devon faces – alongside NHS Devon – a judicial review over the decision to outsource children’s health and social care services. 

In this case a parent of children who need the services in question is mounting a challenge over the handing of preferred bidder status to Virgin Care. 

Philip Hoult