LAWYERS acting on behalf of care home campaigners have begun preparing legal action against Lancashire County Council after the authority refused to halt plans to shut 32 care homes.
The Lancashire Care Homes Action Group served notice on council leaders that they intended to fight the controversial decision in the High Court by seeking a judicial review unless the county council agreed to halt the proposals until a Judge had decided if they were fair.
But, following a fortnight of talks with their lawyers, council bosses have vowed to push ahead with their timetable towards closure, which includes taking a decision on the fate of the homes by the end of September.
A judicial review brought earlier this year by the Lancashire Care Homes Association, which represents private care home owners, that the shake-up of elderly provision was illegal is not due in the High Court until November.
The law courts would be powerless to stop the closures if the decision has been taken by councillors to close the homes before the case appears before them.
The Lancashire Care Homes Action Group had hoped that by threatening the council with a second judicial review, the authority would wait for the outcome of the first review.
But council bosses have said they are doing nothing wrong. In a statement released to the Lancashire Evening Telegraph today, a spokesman said: "The council does not accept that the resolution of the cabinet to recommend closure of the homes identified is irrational or unlawful as the claimants' contend.
"The council considered extensive information including legal advice and these factors were taken fully into account in the report to the cabinet on 1st August.
"No decision on closure has yet been made. This will be a matter for the council to decide on September 26 when the recommendations from the cabinet are considered."
The Care Home Action Group's judicial review will ask a judge to make the council halts the process towards closure until the outcome of the longer review.
However, before issuing proceedings, the action group is talking to district councils to see if any of them will support the judicial review.
Local councils announced last week they were considering legal action of their own to halt the county council from closing the homes.
The solicitor for the action group, Northants-based Yvonne Hossack, said: "We have not yet received a letter from the county council but understand what position.
"It had been hoped the council would halt their work until the existing judicial review had been heard in court.
"We are waiting now for the outcome of talks between the district councils and our clients before beginning any action.
"Time is of the essence here but the proceedings can be started quickly."
Kath Shackleton, from Great Harwood, is a member of the action group.
She said: "What the council are saying does not surprise me. They haven't listened yet so why should they start now?"
By closing 32 of the homes, money will be available to increase domiciliary care and repair the remaining homes.
The council is also under pressure to reduce the number of people it admits into its care, with the Government wanting more people to be looked after at home.
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