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Decision to close elderly care home not unlawful

Karia, R (on the application of) v Leicester City Council (2014) EWHC 3105


Leicester City Council has successfully defended a High Court challenge

brought on behalf of a 101 year old resident over its decision to close her care


The resident is a British Asian woman of Gujarati descent who has lived in

Herrick Lodge care home since 1999.  

The arguments included that the Council had reached its decision without due

regard to the need under the Equality Act 2010 to avoid unlawful

discrimination against British Asian residents in the provision of its service.  

The applicant also argued that the Council had failed to take into account the

impact of closure on her Article 8 rights.

The Court dismissed the arguments holding that the decision-maker had due

regard to the statutory objectives of the Equality Act.  Moreover the Court

stressed that the applicant’s Article 8 rights had not been infringed.  It referred

to the fact that the Council had ensured that there would be places to which

she could be moved where she would have access to Gujarati food and

Gujarati-speaking social workers and care workers.   

Click here for an article from The Human Rights Blog

Discrimination, ECHR Art. 8