Victory For Families Determined To Save Shaftesbury Place After Instructing Lawyers At Irwin Mitchell

Families fighting the closure of a Cheltenham care home have welcomed the reversal of the decision following a legal challenge.

Sanctuary Group, which operates Shaftesbury Place Care Home in Cheltenham, announced to residents, tenants and their loved ones during a meeting on 22 January, 2024, that it had decided to close the home at the end of April 2024.

No prior warning was given and no consultation or impact assessments with residents or family members took place. Sanctuary claimed the decision was made on the basis that the home no longer met modern standards.

Four families and representatives of residents of Shaftesbury Place instructed specialist public law and human rights lawyers at 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 believed this was their “home for life.”

Lawyers at Irwin Mitchell wrote to Sanctuary in March, urging it to reverse the decision to close  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.

Sanctuary has now performed a U-turn and on 26 March, 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.

Expert Opinion

“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, and also their loved ones.

“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.

“We’re pleased to have assisted the families in the fight to save what is their home, and will continue to support them throughout the forthcoming consultation process.” Kathryn Gooding

A specialist care home for adults with learning and physical disabilities, Shaftesbury Place in Marsland Road, Cheltenham, is home to more than 20 residents and tenants, including Ashley Smith, 44.

Ashley has been a resident of Shaftesbury Place for 18 years. His mum, Nadia Smith de Nekludoff, said they were blindsided by the news of the closure.

Nadia said: “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.”

Sanctuary claimed the reason for closure was due to the home no longer meeting modern standards, yet the Care Quality Commission (CQC) has consistently rated the care home as ‘good’ – a rating Shaftesbury Place retained during its last review in 2023.

Catherine Morgan, mum of Robert Morgan, 40, who has been a tenant for 10 years, said: “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 when he was told the home would be closing and he might have to leave. 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, the carer of 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.

“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.”

Ashley, Robert, Adrian and Clare are represented by Kathryn Gooding of Irwin Mitchell LLP.

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