Victory for council and council leader in care homes defamation case

The defamation case against Rochdale Council and Council Leader Colin Lambert brought by by two Rochdale based private care home operators has been dismissed by Mr Justice Bean in a judgement handed down at The Royal Court of Justice.

Mr Justice Bean ruled that the comments of Councillor Lambert that children are not properly protected were directed plainly at “legislative and systemic defects” rather than criticism of the individual care home operators, Meadows Care Limited and Pathfinders Childcare Limited, who had brought the defamation claim. As such he ruled that Councillor Lambert’s remarks were not defamatory of the two companies.

The two companies had claimed damages of over £670,000 as alleged damage to their business by the remarks, but now face a substantial bill for the Council’s and their own legal costs, which it is understood will run into hundreds of thousands of pounds. The Judge ordered £30,000 to be paid by the Care Homes with the balance of the Council’s costs to be paid at a later date.

Mr Justice Bean concluded: "It was quite clear to me when I first read the words complained of, and remains clear after several more readings and considering counsel's submissions, that they were an expression of opinion and did not involve an allegation of culpable behaviour or negligence on the part of either of the Claimants or their staff, nor on the part of the seven private providers of children's care homes in Rochdale or their staff. The allegation is plainly against the system. Cllr Lambert was saying that in his opinion the children are not properly protected, and that lack of protection is a consequence of the legislative and systemic defects...

"I therefore find that the words complained of in the draft re-amended Particulars of Claim do not bear any meaning which is defamatory of the Claimants; that they are an expression of opinion rather than a statement of fact; and that this defamation claim has no prospect of success at a trial.

"Accordingly I refuse permission to re-amend and dismiss the claim."

Speaking following the judgement, Councillor Lambert said: “I’m very pleased with the decision today.

"I have been a long-standing critic of the care system which sees vulnerable children placed in care homes sometimes hundreds of miles away from their home local authority. I spoke out at the community meeting once again to highlight the issues that had come into sharp focus following these convictions which had come to national prominence. As I have made clear throughout, I never intended my criticisms to be taken as reflecting on the individual care homes.

"I regret that this defamation claim was brought, but once it had been the Council was determined to fight it. On the basis of the decision of the High Court today, it was right to do so.

“My reputation has been under scrutiny with this claim and the reputation of Rochdale Borough Council. I encourage people who doubted us at any time to read the full judgement with all associated papers which are attached.

"It is important that Council leaders who need to speak out about these matters can do so without the fear of legal proceedings. As the Judge recognised, as Leader of the Council, the public can rightly expect me to express opinions frankly and fearlessly. I will continue to do so.”

The defence was funded by the Council's insurers and Rochdale Council has made an application for costs against the claimants.

It is understood the claimants, neither of whom were available for comment at the time of publication, have stated an intention to appeal.

http://www.rochdaleonline.co.uk/news-features/2/news-headlines/79682

http://www.rochdaleonline.co.uk/news-features/2/news/74096

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