County council faces judicial review challenge over care home fee rates

Care England, the largest representative body for independent providers of adult social care, has secured permission to proceed with judicial review proceedings against Essex County Council challenging the fee rates it pays to independent care home providers.

Professor Martin Green, Chief Executive for Care England, said: “Care England is deeply concerned about the council’s conduct towards the care home market within Essex and as a result, the sustainability of that market”.

The judicial review challenge brought by Care England seeks to challenge "the lawfulness of Essex’s fee setting decision in respect of the Old Contract and its refusal to review the rates under the New Contract".

Care England claims the council’s actions to date are a breach of its responsibilities under the Care Act 2014.

“This is an important challenge in support of providers in Essex and those new and existing residents receiving care,” it added.

A spokesperson from Essex County Council said: “In order not to prejudice legal proceedings we are unable to comment on specifics of this case. We do take our obligations under the Care Act 2014 extremely seriously and are committed to enabling a sustainable social care market in Essex.”