A resident challenged the sale of two care homes, but the Court of Appeal dismissed the case, upholding the council’s decision.
Kirklees Council acted lawfully when it approved the sale of its last two dementia care homes, the Court of Appeal has ruled, dismissing a legal challenge brought by a resident of one of the homes.
Brenda Hughes, a resident of Castle Grange, challenged the local authority’s decision to sell and Castle Grange. Her relatives, along with those of most other residents, had strongly objected, fearing that private owners would cut staffing levels or close the homes.
The case was fast-tracked after the council agreed terms for the sale, with the completion deadline later extended from 17th March until 17th June.
Lord Justice Zacaroli, who passed the lead judgement, said: ‘Whether the sale of the homes is the right one, or the best in the circumstances, or whether a different decision might have been better, is emphatically a question to be resolved by the democratically elected members of the council and not for the court.’
He added that local authorities face limited resources and ‘it is for them, not a court, to determine how best to use them.’
In February 2025, the council approved the sale to focus its care on areas where private providers were insufficient. The homes were loss-making, and the council said transferring them to private owners while continuing to fund residents’ care would save money.
However, the legal case argued the council acted irrationally by not exploring savings from keeping the homes. Second, it said the council relied on outdated cost figures, overstating potential savings.
Lord Justice Zacaroli rejected both. He noted the council had run the homes for many years and was ‘highly unlikely’ to be inefficient. He also said that even if updated figures were used, savings would still exceed £500,000 a year.
‘The important point was that substantial amounts would be saved by selling the homes,’ Lord Zacaroli said.
Both Lady Justice May and Lord Justice Dove also agreed, dismissing the appeal.
Image: Openverse
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