EAST RIDING and HULL CARE ASSOCIATION
P O Box 599 Grimsby DN33 2LT
Telephone 01472 828257   Fax 01472 824701   Mobile 07711 584955
E-mail: john.colebrook@btinternet.com
 
1st September 2011
 
 
Dear Colleague
 
We are sure that the subject of our next members Meeting will be of interest to you! so would like to extend an invitation to you to attend
 
CHALLENGING THE LOCAL AUTHORITY ON THEIR FEE MAKING DECISION
 
How to bring the challenge                               What will it cost?
 
Presented by Robert Tranter and Emma Rigby
of
Lupton Fawcett LLP Solicitors of Leeds and Sheffield
on
Thursday 29th September 2011
at
 The Willerby Manor Hotel Well Lane Willerby
commencing at 2.00 pm
 
Cost - £10.00
 
The admission fee will be credited against all Applications for Membership of the Association - Care Homes - £4.00 per registered bed – Domiciliary Care Agencies – £100.00 per Agency.
 
Most of you will have heard of the “Pembrokeshire Case”, where on the 21st December 2010, a landmark decision was handed down in the Administrative Court in Cardiff which ruled that Pembrokeshire County Council had unlawfully set the level of fees to be paid to care homes in 2010-11.     As a result the Council was forced to make its decision again and subsequently raised its fee from £390 per week per resident to £448.     It is estimated that an additional £1.5m in fees will be paid by the Council this year as a result.
 
Following the decision of the Administrative Court, it has now provided other care providers with a “legal sword” for challenging the local authority’s decision making process in relation to the setting of care fees.     There are a number of factors that the Council ought to take into consideration when deciding the level of fee which, if it has failed to do, could lead to a legal challenge.
Many care providers have seen their operational costs increase disproportionately to inflation.     In order to meet these costs, providers are supposed to be able to rely on the Local Authorities to honour their contracts and assist in meeting such costs.     In the majority of cases the Local Authority has failed to do so and care providers are the ones who suffer.
 
Lupton Fawcett LLP, Solicitors of Leeds and Sheffield, healthcare dispute management department have put together a briefing note on the recent success of a number of care homes in the Pembrokeshire area in challenging the level of care home fees set by the local authority and they have kindly offered to share this information with us at our next meeting as detailed above.
 
If you wish to attend this important meeting it is essential that complete the form below and return together with the appropriate remittance.
 
John B Colebrook
ADMINISTRATOR
………………………………………………………………………………………….
 
 
To John B Colebrook
     Administrator
     ER&HCA
     P O BOX 599
     Grimsby
     DN33 2LT
 
 
I/we shall be attending the presentation entitled “CHALLENGING THE LOCAL AUTHORITY ON THEIR FEE MAKING DECISION” to be held at The Willerby Manor Hotel on     day   29th September 2011 commencing at 2.00 pm and enclose
Our remittance value £_______ in payment herewith.
 
Should we decide to join the Association, we understand that the above amount will be credit against our first years Annual Subscription
 
Name of Business      ___________________________________________
 
Name(s) of Delegates___________________________________________
 
                                        ___________________________________________

                                    ___________________________________________
 

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Minutes of members meetings