Equality duty in care homes

Local authorities must consider the needs of older and disabled people under the Equality Act when planning their services, the High Court has confirmed.

R (South West Care Homes & Ors) v Devon County Council [2012] EWHC 2967 (Admin) concerned local authorities’ duties under the Equality Act 2010, s 149, to “advance equality of opportunity among elderly and disabled persons”.

South West, which runs 400 care homes in Devon, brought a judicial review challenging Devon County Council’s fee rates. Each April, the council sets its fee rates for those residents in private care homes whose fees are paid by the council. These rates are banded according to the individual’s care needs.

South West argued that the fees were so low that some of the homes would no longer be financially viable and were at risk of closure and deteriorating conditions and quality of care.

The council argued its assessment of residents’ needs satisfied the requirements of s 47 of the National Health Service and Community Care Act 1990.

However, Judge Jarman QC held that the council’s fee structure approach failed “to have due regard, in substance or with rigour or with an open mind, to the need to eliminate discrimination and to promote equality of opportunity amongst elderly or disabled residents”.

John Wadham, general counsel at the Equality and Human Rights Commission, which intervened in the case, says: “We recognise that local authorities and care providers are under financial strain at the moment; using equality duties properly is a way to ensure that spending is targeted in the most efficient way possible to advance equality of opportunity and eliminate discrimination.”