East Midlands Care Ltd vs Leicestershire County Council - Judgement of Judicial Review

Date of article: 08-Dec-11

Last April, the council made the decision to freeze fees for care homes for the second year running. This follows 10 years of annual increases that have failed to match inflation, let alone the costs of providing better standards of care.

In recent years the shortfall between the actual cost of delivering the service and the amount paid by the council has grown to the extent that people paying for their own care have been charged a higher rate which subsidises those being paid for by the Council. Alternatively, family members have had to “top up” the payment made by the council in order to cover the cost of the care. Many of those family members are telling care providers that they are facing increasing difficulty in covering these monthly payments. EMCARE fully acknowledges the difficult decisions that the council is having to take regarding the future of vital services, but nothing is more important than the safety and well-being of the most frail and vulnerable people in our society. EMCARE’s successful challenge in the High Court means that the Council must carry out a full review of the actual cost of care before deciding the rates that they pay for care. The decision that they made in April has been held as unlawful, and they must now properly consult and take into account EMCARE’s representations before making a fresh decision about the rates paid to care homes.

Allison Cowley, Chairperson of EMCARE said that she “is delighted that the legal challenge has been successful”, but that “the action was taken with great reluctance”. She added that “she is looking forward to continuing the collaborative working relationship with the Council, not only in the resolution of determining a fair price for care, but also in the ongoing development of services which will ensure that the changing needs of our ageing population are properly catered for”.