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Gloucestershire Business News

Legal threat forces U-turn on care home closure

Families fighting the closure of a Cheltenham care home are celebrating the reversal of the decision in the wake of a legal challenge - but uncertainly prevails over the home's future.

The Sanctuary Group, which runs Shaftesbury Place Care Home in Marsland Road, shocked residents, tenants and their families at a meeting on January 22 when it revealed it had decided to close the home at the end of this month.

Despite no prior warning or consultation with residents or family members, or any assessment of the impact the closure would have, Sanctuary, who operate 110 homes nationally, stated the decision was made because the home no longer met modern standards.

However, Care Quality Commission (CQC) records have consistently rated the care home as 'good', with Shaftesbury Place retaining this status during a review in 2023.

After the January announcement, four families and representatives of residents of Shaftesbury Place subsequently instructed specialist public law and human rights lawyers Irwin Mitchell to challenge the decision.

Relatives and loved ones of Ashley Smith, 44, Robert Morgan, 40, Adrian Crossland, 49, and Clare Poulton, 49, said the closure would prove devastating for their families, who had believed Shaftesbury Place was their 'home for life'.

Irwin Mitchell wrote to Sanctuary in March, urging it to reverse the decision or potentially face a judicial review in the High Court. It argued that the decision to close and lack of consultation were unlawful and in breach of residents' rights under the Human Rights Act 1998.

An Irwin Mitchell spokesperson told Punchline-Gloucester.com: "Sanctuary has now performed a U-turn and on March 26 agreed that the home will now remain open, pending a formal consultation being conducted and considering the impact of any proposed closure on residents and tenants before taking a fresh decision."

Kathryn Gooding, specialist public law and human rights lawyer, added: "The news that Sanctuary has agreed to reverse its decision to close Shaftesbury Place for the time being, is a victory for the residents and tenants who see this as their home.

"This is yet another case where we can see how important it is for care home owners and operators to take the views and needs of their residents into account when making major decisions that will have such a profound impact on the lives of those in their care.

"It's right that a full and proper consultation should always take place in these cases and our clients feel vindicated that the home will now remain open while this is undertaken.

Shaftesbury Place is currently home to more than 20 residents and tenants, including Ashley Smith, 44, who has lived there for 18 years.

Nadia Smith de Nekludoff, his mother, said they had been blindsided: "Ashley has lived at Shaftesbury Place for nearly two decades now and he's very happy there. It's Ashley's home for life and while we welcome the change of heart by Sanctuary and news of a consultation, we remain very concerned at what will come of this and what closure would mean for Ashley and all the other residents.

"The initial news was sprung on us with no warning and it seems that the wonderful staff were as shocked as the rest of us. Some people have been there for 30 years and to be suddenly told you'll have to find a new home out of the blue is just devastating.

"Ashley called us several times, angry and in tears at the news and while we're all pleased at the outcome of the legal challenge, it feels like a stay of execution. We don't know what will happen in the consultation but we'll be doing all we can to make sure residents' voices are heard."

Catherine Morgan, mother of Robert Morgan, 40, who has been a tenant for 10 years, added: "For Robert to be forced to move would be a traumatic experience. It would take him not just from a much-loved home, but a place where he has been able to make friends and live a full and settled life.

"We hope now there's a chance to save the home for all the wonderful residents and staff who've made this a real home from home for so many people. Residents feel loved, safe and valued and no one is under any illusion about how hard this would be to replicate somewhere else."

Andrew Barrell, a close friend of Adrian Crossland, 49, who has lived at Shaftesbury Place for 29 years, said: "Adrian was devastated. This is his home for life and has been his world for nearly 30 years now. It's far more than bricks and mortar but a part of his life and it's hard to see where he and other residents could go if it were to close. We're now going to do everything we can to save this special place."

Louise Bragg, carer for Clare Poulton, 50, who has lived at Shaftesbury Place for 14 years, said: "Like so many other residents, Clare has made this place her home. The other residents are like family and to think of them being forced to move and be separated from their friends is heartbreaking. Their friendship groups must stay together.

Louise added: "Everyone welcomes the change of heart on the decision to close. We owe it to the residents to speak for them and fight to ensure this home remains open, continues to serve its people and continues being such a valued place in the local community."

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