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Herefordshire Council cleared of misfeasance allegations

Herefordshire Council has been held to have acted lawfully in suspending referrals to Rosedale Care Home in Ross-on-Wye and advising and assisting its residents to move to other homes when, in 2010, Rosedale received a zero-star rating from the Care Quality Commission and other safeguarding concerns arose.

Following a two-week trial in the High Court, Mr Justice Mitting yesterday dismissed the home owners' claims for damages for misfeasance in public office against five named officers of the Council holding that the officers' actions were both lawful and in good faith with the interests of residents at heart. The judgment provides helpful analysis as to the application of the Choice Directive and, with adult safeguarding now put on a statutory footing by the Care Act 2014, timely guidance about local social services authority co-operation with health authorities, the police and the CQC.

Kelvin Rutledge QC appeared with Anya Newman for Herefordshire.