Campaigners say they have “won the battle but not the war” over keeping a Wiltshire care facility open and running.
The future of Furlong Close in Rowde has been in jeopardy since last year when charity Hft announced plans to withdraw their services.
They said there had been a "loss of trust" regarding its contract with Wiltshire Council.
Outcomes of a judicial review, surrounding the removal of care services at the site, have now been released.
Hft has formally confirmed it will continue to provide care to the 34 residents at Furlong Close as long as Wiltshire Council continue to commission the care.
Campaigners have called the news a “groundbreaking victory” but say the war is not yet run and a long-term solution is still needed.
Trish, who brought the proceedings on behalf of her daughter, said: “I am so happy that my daughter’s rights have been vindicated by the complete withdrawal by Hft of its decision to close Furlong Close.
"I continue, however, to be very worried about her future and the future of the other 33 vulnerable residents of Furlong Close.
"Everything now depends on Wiltshire Council and Hft working in good faith to reach an agreement on the terms for Hft to continue to care for my daughter and the other residents at Furlong Close.
"If that doesn’t happen then I fear we will be back in court again, which isn’t in anyone’s interests.”
Antonia Field, the chairman of the Families and Friends of Furlong Close, added: “We have won an important battle, but not yet the war.
"It is now up to Wiltshire Council and Hft to live up to the promises they have made to respect the needs and wishes of our vulnerable relatives and their families and agree upon a long-term solution for Furlong Close so that nothing like this ever happens again.”
Emma Bagley, Hft’s divisional director for the South West said: “We are pleased that the claimant has decided to withdraw the claim and forego the need for a final hearing.
“Hft remains committed to continuing to provide ongoing support for the people at Furlong Close until an alternative provider has been identified by the local authority through its current known tender process.
"To facilitate this, Hft continues to provide all the information requested within the timeframes given by the council.”
Wiltshire Council has confirmed it will continue the process to seek a care provider for the long-term future of Furlong Close following the news.
READ MORE: Wiltshire Council issues an update on Furlong Close
The council was an interested party during the judicial review and made a statement to the courts.
The statement said the decision to close rested with Hft as the owner of Furlong Close and that the council had not decided to cease commissioning services.
However, the council did admit that they did not disagree with the decision to close.
The tender to find a new care provider for Furlong Close was formally issued this week and Wiltshire Council is asking families and friends of residents at Furlong Close to be involved as it goes out to tender for the delivery of services for the future.
The intention is to award a new contract later this year.
Cabinet member for adult social care, Jane Davies said: “We welcome the decision by Hft to withdraw their earlier decision regarding Furlong Close.
“The tender process began on Tuesday to find a new provider for Furlong Close.
"This latest High Court development does not affect this process which has been a necessary step following Hft’s earlier decision. We have been in regular contact with Families and Friends of Furlong close and we have explained to them they are an important part of the process to find a provider.
“I understand residents and their families may still have some concerns for the future.
"I want to stress that the care and support will continue as normal at Furlong Close whilst the tender process continues; the residents remain our priority.”
Polly Sweeney, the solicitor acting for the Furlong Close resident on whose behalf the proceedings were brought by her mother, said: ”Whilst the claimant’s litigation friend is, of course, delighted that Hft has now provided the assurances required to bring these proceedings to a conclusion, she is disappointed that legal proceedings were needed and hopes that when any future decisions are made, either by Hft or Wiltshire Council, that they will be made in a way that is consistent with the ECHR Article 8 rights of the claimant and the other residents.
“The claim for Judicial Review was brought by the claimant in order to challenge Hft’s decision to close/cease to provide care and support at Furlong Close.
Hft has now confirmed that it has withdrawn its closure decision of October last year and has made it clear that it has made no other decisions to close/cease to provide care and support at Furlong Close either now or in the future.
“Hft has also confirmed that it will continue to negotiate with Wiltshire Council regarding the current contractual arrangements in good faith. As a result of these assurances, the claimant has been able to withdraw the Judicial Review by consent.”
Wiltshire Council currently has 20 residents living at Furlong Close with 13 others from 12 other local authorities.
In February 2021, Hft gave notice on all its contracts in Wiltshire with them ending on 19 May 2021.
Due to its obligations under the Public Contracts Regulations 2015, this meant the council has had to go out to tender for the delivery of services at Furlong Close.
The February decision followed an earlier decision by Hft in October 2020 to close the site.
Hft provides a day care centre and housing on behalf of a total of 14 councils.
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