FAMILIES of residents in Furling Close are celebrating after a judge criticised the charity running the complex for taking a unilateral decision to close it.
Hft announced the planned closure in June of the residential care home and day centre in Rowde, near Devizes - home to people with moderate to severe learning disabilities - late last year.
The June late was later put on hold.
The closure was challenged in the High Court by resident Katie Gange, who claimed it was a breach of the Human Rights Act.
In his decision notice, Judge Cotter wrote: “It is arguably unlawful for the defendant to have taken the decision unilaterally to close, and / or to do so in conjunction with the council, because no such process has been followed.”
Hft, which has a contract with Wiltshire Council to provide care for 22 residents, has said the campus-style model at Furlong Close is outdated.
But Judge Cotter said: “The CQC has not required all such campuses to close and or remodel. In the absence of any such consideration, it is not presently possible to conclude that closure of Furlong Close is a lawful and proportionate interference with the claimant’s right to a home.”
A further hearing will be held in Bristol at a later date. Charity Hft was the defendant in the case, with Wiltshire Council an interested party.
Antonia Field, chair of the Furlong families pressure group, said “ This is very good news for everyone who cares about the 34 vulnerable, learning disabled residents of Furlong Close.
"This gives resident Katie, through her mother as litigation friend, the opportunity to challenge the way in which this devastating decision about her future, and the futures of the other residents, was taken without consultation or taking into account the harm this decision could do to them.”
“The residents, their families and care staff at Furlong Close were shocked and devastated when out of the blue in October last year the charity Hft announced that it had jointly decided with Wiltshire Council that the residents were to be moved on and the site closed.”
She added: “We are looking to Hft and Wiltshire Council to work together with the families to save Furlong Close, so that the threat to our vulnerable relatives of being forcibly uprooted from their long-term homes is lifted and the misery and trauma it would cause is removed.”
He added that a covenant on the land meant the site could not be sold for the likes of a housing development.
Wiltshire Council corporate director Lucy Townsend also said: “Hft owns the site so has the responsibility to make the decisions on Furlong Close. One of the Wiltshire residents challenged Hft’s decision in the Administrative Court and the court has granted them permission to proceed. The Judge’s reasons for granting permission included the view that the decision to close Furlong Close was solely made by Hft. The council is not a defendant but remains an interested party. As owner of the site Hft has offered a lease at Furlong Close for a period of up to two years so we are putting the provision of a service at the site out to tender to see if another provider can run the service during this period.
"We have advised the other 13 local authorities which fund 14 other residents of the tendering process. We are not co-ordinating the provision of care as this will either be provided by Hft or an alternative care provider from whom Wiltshire Council and the other 13 local authorities will be commissioning services for individual residents. Meanwhile we continue to engage with Hft to seek clarification on the lease and also on the arrangements for staff at Furlong Close.”
Emma Bagley, Hft’s divisional director for the South West added: “Hft has informed Wiltshire Council that we will make Furlong Close available to allow time for them to complete Care Act assessments and make appropriate arrangements for the Wiltshire funded residents.
“Hft appreciates that this is a difficult time for those at Furlong Close, and we thank our staff for their ongoing commitment to those at the service. The Furlong Close team remains unchanged and we are committed to promoting solutions that allow staff to remain with the people they currently support.
“We are liaising with Wiltshire Council’s team to help facilitate Wiltshire’s decisions about the re-provision of services for the residents that they are responsible for at Furlong Close.
"We are committed to continuing to support local authorities to the best of our abilities to carry out Care Act assessments safely. We continue to meet with Wiltshire Council and liaise with the other Local Authorities involved to find the most constructive way to move forward. However, while legal proceedings are active and a final hearing has not yet taken place, we are unable to comment any further on the claim.”
Both Hft and the council will be able to say more once the final hearing has taken place.
Both organisations will give an update after the final hearing.
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