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17 July 2003

Public law

Decision not to contract with private care home, which brought about need to move, was not in breach of claimant’s human rights

R (on the application of MARGARET HAGGERTY & ORS) v ST HELENS COUNCIL (2003)

QBD 11/4/2003

The claimants were the residents of a private nursing home in St.Helens in Lancashire, which is operated by Southern Cross Healthcare Services Limited who have a contractual relationship with St. Helens Council (the council), the terms of which Southern Cross provided accommodation for the claimants. All the claimants were elderly and suffer from dementia.

Prior to September 2002, the council had a written contract with the home to provide care and accommodation for a number of residents at the home for a weekly fee of between £348 and £365 per individual. The home asked that the council increase the

fee payable to £450 per week per resident and pay on a block contract, rather than on an in...

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