2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case involves the recovery of residential care fees from Mr. Shafi's estate, who resided at the Raj Nursing Home (owned by the claimant) from 2010 until his death in 2012. Initially, the court granted summary judgment in favor of the claimant, but this was overturned by Andrews J on appeal, who found that Mr. Shafi wasn't personally liable under the service agreement and that Brent Council might still be responsible. The court examined statutory duties under the National Assistance Act, NHS and Community Care Act, and Mental Capacity Act. Andrews J concluded Brent Council's duty to pay had not been clearly terminated, and the claimant's appeal was dismissed.
Judgment
Master of the Rolls:
The claimant owns and runs six care homes registered under the Care Standards Act 2000. These include the Raj Nursing Home (“the Home”). This is a residential nursing home in Southall, which specialises in caring for elderly persons suffering from dementia. The majority of the referrals to the Home are made by Brent Council (“Brent”). Mr Shafi was a resident of the Home from 29 January 2010 until his death on 28 March 2012. Fees of £650 per week (up to 4 April 2011) and £700 per week (from 4 April 2011 until 10 March 2012) accrued in respect of his care and accommodation. The total fees were £62,199.94. There has been no challenge to their reasonableness. In these proceedings, the claimant seeks recovery of its fees from the estate of Mr Shafi (“the Estate”). On 26 September 2013 in the Willesden County Court, HH Judge Million granted the claimant summary judgment for these fees. On 24 January 2014, the Estate’s appeal was allowed by Andrews J in a careful and comprehensive judgment. The claimant was granted limited permission to appeal by Arden LJ.
The following facts are not controversial. On 13 November 2009, Mr Shafi who was 81 years of age and suffering from dementia was admitted to the Park Royal Centre for Mental Health (“the Hospital”) for an assessment pursuant to section 2 of the Mental Health Act 1983. On 11 December, the Hospital concluded that he lacked capacity to make decisions regarding his future care. A specialist social worker employed by Brent, Nick Ferrier, contacted the Home with a view to carrying out an admissions assessment on Mr Shafi of his needs and his suitability to be placed in the Home. He was assessed as suitable. An assessment sheet was completed by Mrs Veronica Singh, who was the manager of the Home. The duration of his admission was described as “longterm” and the sheet described Brent as the “funding source”.
The claimant appears to have written to Brent (Mr Ferrier) on 13 April 2010 concerning the payment of outstanding fees. On 5 May 2010, Brent wrote a letter to the claimant which included the following:
“Mr Shafi had a financial assessment completed and it indicated that he had in line with fairer charging criteria enough money readily available in bank accounts to pay for his care. Mr Shafi is thus considered to be a self funder and as such should be charged for his care accordingly.
Should access to Mr Shafi’s accounts be frustrated as it appears is the case a member of his fami