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Judge gives green light for judicial review challenge to decision by private care home provider to stop providing care services

A judge has given permission to apply for judicial review of a decision of a private care home provider to cases providing the relevant care services, it has been reported.

39 Essex Chambers said the case of R (KG) v HF Trust Limited was “of interest because it concerns the interpretation and application of s.73 of the Care Act 2014 (on which there is currently no authority), which sets out the circumstances in which private care providers will be subject to obligations under the Human Rights Act 1998”.

The set said the claimant argues that the decision is contrary to her Article 8 rights in the procedural sense (no consultation with residents or their families was carried out before the decision was made) and also in the substantive sense (the defendant’s primary justification for closure is that the “campus style” model of care no longer represents best practice, but the claimant contends that there is no evidence the harm to the claimant of losing her home was weighed against this justification).

Permission was given on 25 March 2021 by HHJ Cotter QC. The final hearing is due to take place in late May or early June 2021.

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Tim Buley QC of Landmark Chambers and Katherine Barnes of 39 Essex Chambers act for the claimant, instructed by Polly Sweeney at Scott-Moncrieff.

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