Local authority closure of community homes CA 1989 s. 57
Local authorities must give at least two years' written notice to withdraw designation of a controlled or assisted community home under CA 1989 s. 57.
The local authority specified in the instrument of management for a controlled or assisted community home may give— the Secretary of State; and the voluntary organisation by which the home is provided, not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home. A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn. Where— a notice is given under subsection (1) in respect of a controlled or assisted community home; the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and the managers’ notice is not withdrawn, the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order. Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation. Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on— the specified date; or where an earlier date has been specified under subsection (3), that earlier date, and the home shall then cease to be a community home.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
A local authority that intends to withdraw its designation of a controlled or assisted community home must give written notice specifying the closure date to both the Secretary of State and the voluntary organisation providing the home. This notice must provide at least two years' advance warning.
If the home's managers inform the Secretary of State in writing that they are unable or unwilling to remain in their role until the specified date, the Secretary of State may order an earlier revocation date for the instrument of management after consulting the local authority and voluntary organisation.
When the specified date or earlier ordered date arrives, the instrument of management ceases to have effect and the premises officially stop being a community home.
When it applies
- A local authority decides to end its designation of a voluntary home as a controlled community home and gives written notice of the change.
- Managers of an assisted community home notify the Secretary of State that they cannot continue managing the facility for the full two-year notice period.
- The Secretary of State consults with the council and voluntary provider to select an earlier closure date after managers decline to continue.
What this section does not say
- Discontinuance of a controlled or assisted home initiated by the voluntary organisation rather than the local authority (governed by ca1989s.56).
- Determination of disputes between local authorities and voluntary organisations regarding home management (governed by ca1989s.55).
- Financial adjustments and property disposals following the closure of a home (governed by ca1989s.58).
Related sections
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This page reproduces the text of CA 1989 s. 57 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.