Council 'failed to consider differing needs of elderly and dementia patients when setting care home fees' A judgment has now found the local authority's approach had failed to have "due regard, in substance or with rigour or with an open mind, to the need to eliminate discrimination and to promote equality of opportunity amongst elderly or disabled residents." Judge Milwyn Jarman QC, said the council had "failed to ask itself what it could do" in respect of their differing needs. "Furthermore, there was no proper consideration in my judgment of the staff costs of engaging and interacting with those residents suffering from dementia," he added. Alan Beale, managing director of South West Care Homes, last night said he was pleased with the outcome. "It is a concern that the council does not seem able to conduct itself in a lawful way when it comes to protecting elderly and vulnerable people," he said. We brought this action reluctantly, because we were extremely concerned for the welfare and safety of the vulnerable people in care homes in Devon. Two other complaints, that the council did not consult properly and used flawed methods in calculating fees, were not upheld. A spokesman for the council said it had now "undertaken to conduct a more detailed equalities assessment, and take any specific findings into account." This may or may not result in a change to fee rates, he added. Councillor Stuart Barker, responsible for adult social care in Devon, added: "I sincerely hope that this ruling means we can now all move on and get back to working together to provide for Devon's growing numbers of older people instead of wasting valuable time and money on expensive legal action."