Orme House Ltd v Suffolk County Council

Decision No. 382 REGISTERED HOMES TRIBUNAL This decision may be freely reproduced and distributed. It should be brought the attention of Registration and Inspection staff and legal advisors. ORME HOUSE LTD V SUFFOLK COUNTY COUNCIL Tribunal sitting at Wellington House, 133-155 Waterloo Road, London SE1 8UG, on Wednesday 21st July 1999. Before: Andrea RiversWes DowridgeGraham Harper This was a paper hearing. Neither party was present or represented. DECISION It is the unanimous decision of the tribunal that the Appellant's Appeal succeeds. On 25th January 1999 Suffolk County Council issued a Notice of Proposal to cancel the Appellant's registration in respect of the care home known as Windsor House Residential Care Home in Lowestoft. This notice was served on the Appellant. On 24th February 1999 the Appellant wrote to Suffolk County Council indicating their intention to appeal against this decision and on 9th March 1999 Suffolk County Council sent this Notice of Appeal to the Tribunal Secretariat. The Appeal was due to be heard on 1st and 2nd July 1999. However, on 14th June 1999 Suffolk County Council wrote to the Tribunal Secretariat to say that they had had discussions with Mr Charles Hill, the owner of Orme House Ltd., and a prospective purchaser, Mrs Patricia Ramsdale. Their letter went on to say that the company had now been transferred into the new ownership of Mrs Ramsdale. She had satisfied them of her fitness to run the company and had undertaken to ensure, amongst other things, that Mr Hill would play no part in the running of the company or the home. They had received a similar undertaking from Mr Hill. On that basis they no longer wished to offer any evidence in support of their Statement of Reasons of Cancellation. They therefore invited the Tribunal to allow the Appeal and vacate the hearing dates. It is therefore the unanimous decision of the Tribunal that the Appeal succeeds. Andrea RiversWes DowridgeGraham Harper