A LEGAL challenge brought against Devon County Council's decision to close 20 of its 22 residential homes, has been withdrawn.
In June, the council announced its decision to shut 20 of its 22 care homes in a bid to make budget reductions of £110m from its expenditure by 2017 – £28m in this financial year.
The authority temporarily paused the process of homes closure due to a legal challenge of its decision, brought by Maureen Beauchamp, the daughter of a resident at the county council's Oakwell home in Bickington, Barnstaple.
Ms Beauchamp had argued that the figures used in the care homes consultation to describe a level of alternative, private sector residential care, did not reflect the actual number of places/vacancies available and therefore the council had misled people.
Councillor Stuart Barker, Devon County Council's Cabinet Member with responsibility for adult social care, has today confirmed that the claim has been withdrawn.
"We welcome the claimant's decision to withdraw her claim after advisors considered the evidence," he said.
"We have maintained throughout this legal process there was no case for the council to answer and it was wrong to suggest that any figures were misleading.
"The claimant would have proceeded with the challenge if they were.
"Our decision was to stop being a provider of residential care, and instead to purchase care from private sector care providers, which is what we've done in the majority of cases for years.
"Given the ongoing financial situation, this is the only way that we can continue to ensure that people eligible for our support receive the care they need.
"We said from the start that no one would move unless there was somewhere appropriate for them to move to.
"That's a situation that changes day by day and is something we can only know for certain once we, the resident and their family, starts looking together at places available."
A council spokesperson confirmed that there are around 127 resident remaining in its care homes, and most of those who have successfully moved have chosen to move to care homes outside the areas of their previous homes, some to be closer to family and friends.
The council had previously received consent from the court to continue with the transfer of residents who want to move from its homes.
Once the claimant has formally withdrawn her claim the council will continue with its implementation plans.
