Torbay Council: Judge ruled that care homes were underpaid

  • Payments to care homes by the council have been ordered to be readjusted.

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    A council is facing a bill after a court ruled that it underpaid private care homes for placements. 

    Almost 30 care homes claimed that Torbay Council was paying them up to £70 less per person per week in comparison to neighbouring Devon Country Council. BBC reports. 

    The Torbay Quality Care Forum (TQCF) said paying too little could create problems with staffing and maintenance.

    Accountants who were appointed to report on the council's workings agreed with TQCF that the authority had made "illogical mathematical errors". The TQCF won a judicial review at the High Court in London. The judge also agreed that the calculation that the authority used was "fundamentally flawed".

    TQCF estimates that the total cost to the council in increased funding for care homes next year will be about £3.5m.

    One of the directors of TQCF, Alan Beale stated, "The bottom line is that the funding decision set at the start of this year for 2014/15 is ordered to be quashed. The judicial review has told the council to go away and do it again. It is a complete defeat for the council".

    The Conservative-controlled council also stated, "This is a complicated case and Torbay Council will now carefully reflect on the judgement, its implications and what further action needs to be taken. It would be inappropriate to comment further until the matter has been given full consideration". 

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