A legal challenge could be mounted to the process being used to help decide the future of 10 elderly care facilities across Lancashire – unless it is effectively restarted so that it can be based on more up-to-date information.
That is the warning from a senior councillor who says crucial details about the condition of five care homes and five day centres placed under review by Lancashire County Council are still not available with just 48 hours to go until the closure of a public consultation.
The authority’s Progressive Lancashire opposition group leader, Azhar Ali, has written to County Hall chief executive Mark Wynn to call for the closing date to be extended by eight weeks – the same length of time it has already been running.
The county council has commissioned fresh assessments to determine the current physical state of the local authority-run facilities. It says that these will be available in time for cabinet members to make a decision on whether to close or refurbish the premises, which is due to be taken in February.
The buildings were described by the county council as being in “significantly poor condition” when the consultation launched in October – but the possibility of any or all of them being shut down has prompted uproar from the families of residents and users of the services.
The last time properties were assessed was in 2021 – and the ruling Reform UK group ordered that new surveys be carried out to inform the current review process.
However, the fact that they have not been published before the end of the consultation makes a mockery of the whole process, County Cllr Ali said.
He also told the Local Democracy Reporting Service (LDRS) that he had not been provided with requested information about the amount invested in the buildings over the last five years, nor assessments from 2015 that he wanted to see for comparison purposes.
“They should be starting the consultation again on the basis of what’s in the new condition surveys,” County Cllr Ali said. “There’s no transparency and this is up for legal challenge.”
In his letter to Mark Wynn, seen by the LDRS, County Cllr Ali says he and other members have been forced to use the Freedom of Information process to try to obtain the details they want in order to respond to the consultation.
“Due to the unwillingness of [the county council] to share the relevant information, it is only right and proper for the consultation to be extended up to another eight weeks to enable all the proper information to be shared and it to be open to scrutiny as well,” he wrote.
In a separate letter to the cabinet member for adult social care, Graham Dalton, County Cllr Ali questioned why social workers had “been given ‘unlimited’ overtime to rush new assessments of everyone in the homes”.
He also questioned the wisdom of suspending new long-term admissions to the five care homes – which the authority has previously said has been done to ensure fairness to anybody moving into one of the premises – claiming that nine empty rooms in two of the East Lancashire homes have so far cost the county council £100,000 in lost income.
Responding to the concerns raised, County Cllr Dalton told the LDRS that there had been “a lot of misinformation about this issue” and stressed that “no decisions have been made about the future of any of these services”.
He added: “This review is part of Lancashire County Council’s commitment to ensuring that the care we provide remains safe, high-quality and sustainable for the years ahead.
“The new condition surveys are being undertaken to provide cabinet with accurate information about the state of the buildings when considering future options.
“They are not part of the public consultation but will be available to members before any decisions are made. This approach ensures decisions are based on the most up-to-date information.
“Care Act assessments are being carried out to ensure we understand the needs of current residents and the potential impact of any future options. This is standard practice when reviewing services and is intended to inform cabinet’s decision making.
“Where additional staffing is required to complete assessments promptly, this is managed within normal workforce arrangements. The priority is to maintain residents’ dignity and wellbeing throughout.
“The council has also temporarily paused new long term admissions during the consultation to avoid placing individuals in a situation where they might need to move shortly after admission. This is a precautionary measure to protect residents’ wellbeing and ensure fairness while options are being considered. Short term or respite placements continue where appropriate.
“No decisions have been made about the future of any site, and the consultation, which finishes on Friday, is genuine.”
To take part in the consultation, click here.
The care homes – Favordale (Colne), Grove House (Adlington), Milbanke (Kirkham), Thornton House (Thornton Cleveleys) and Woodlands (Clayton-le-Moors) – have a combined capacity to accommodate 229 people, roughly 45 at each location, with all bar Milbanke currently being at least 89 percent full.
Meanwhile, the day centres – Byron View (Colne, attached to Favordale), Derby Centre (Ormskirk), Milbanke Day Centre (Kirkham, attached to Milbanke care home), Teal Close, (Thornton Cleveleys, attached to Thornton House) and Vale View (Lancaster) – provide daytime support to older people, including those in the early stages of dementia, although Byron View and Teal House have so far not reopened after what were intended as temporary closures at the onset of the pandemic. The remainder are all at less than 60 percent capacity.
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