Care home sale plan could face judicial review

Campaigners seeking to prevent the closure of a care home in Derbyshire say they are preparing a legal case for judicial review.

The Belper Together group has sought preliminary legal advice on whether there are grounds to successfully launch a review on the potential sale of the Ada Belfield Centre in Belper.

In a letter sent to Derbyshire County Council leaders, the group says that "based on our initial assessment of the council's proposals and consultation process, we are confident that there are prima facie grounds for such a legal challenge".

Ada Belfield is one of three care homes the council has proposed closing or selling because of a "decline in demand for traditional residential care".

Financial pressures are also behind the proposals.

The council has recommended that the Ada Belfield Centre be sold, while residential and respite care at The Staveley Centre, in Staveley, and Thomas Fields in Buxton, will end, with only hospital discharge beds provided.

It comes after more than 5,000 people signed a petition against the closure of the the Ada Belfield Centre site last week.

Cabinet members are expected to rubber-stamp the proposals next week.

The campaign group believes there are sufficient flaws in the council's approach to the consultation on the proposal to sell the home that will enable a legal challenge, accusing the authority of possibly having "acted outside their legal powers and/or be lacking in fairness of procedure".

A judicial review would challenge the process of the decision rather than the decision itself.

The council currently has an eight-week timetable to sell the home should the proposal be signed off by cabinet on Thursday.

It is thought a successful review could delay the process by several months.

Derbyshire County Council Green Party councillor Gez Kinsella, speaking on behalf of the group, said the council's plans would be "fought all the way".

"We are taking legal advice on applying for judicial review. The grounds are that due process has not been followed. If successful this will halt the sale," he said.

There are also other attempts at delaying or halting the sale of the home.

Belper Town Council is applying to Amber Valley Borough Council to register the building as an "asset of community value".

If successful, it would mean that community members could express an interest in buying the site themselves.

Belper Town councillor Ben Bellamy said the centre was a "really important community asset".

"Hopefully this was ensure that if it is put up for sale, the community will at least get a chance to consider bidding for the site to keep it as a community asset," he said.

A spokesperson for Amber Valley Borough Council confirmed it had received the application and would make a decision within the next eight weeks.

Though this would not be able to include the building itself, only the communal grounds surrounding it given the building is a residential property, the town council believes this could also delay the sale of the centre by several months.

Derbyshire County Council can request a review of the decision if it is approved.

The county council's decision next week is also expected to face a "call-in" procedure, in which a decision is paused amid requests for further scrutiny, though this would result in a far smaller delay.

Natalie Hoy, the county council's cabinet member for adult care, said the wellbeing of the residents and their families "remains our top priority".

"I understand there is a lot of interest in the community about the proposals and the future of Ada Belfield and no decisions have been made yet," she said.

"I would also like to assure the Belper community that the library would not be affected by any proposed changes."

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