Residential home – closure – consultation – assessment – home for life
Notwithstanding that no firm decision had been taken as to the final plans for a home under consideration for closure, the decision by the local authority’s social services committee (SCC) to decant the residents of the home was not merely a decision in principle, but amounted, on the evidence, to a decision to close the home at a date yet to be finalised.
At the time of the decision, no detailed assessments of all the residents had been carried out, which would have enabled a full and balanced view of the likely effect of an enforced move of any of those residents. The SCC’s decision was therefore reached without taking account of a relevant consideration.
Statements in the residents handbook were capable of creating a legitimate expectation of a home for life.