Powys County Council could take Bupa to court over care homes sell-off

In August it emerged Bupa would be selling a large number of care homes to HC-One in a deal worth £300 million.

When the news was announced, Powys County Council, which has homes in the county run by Bupa, called for clarification with regards to the Powys homes.

At the time, the council threatened legal action and meetings have been taking place.

A document leaked from a private meeting of the council on November 2 has revealed that Powys still has intentions of taking legal action, and has said it could take it as far as the High Court.

One of the the proposals that came from the meeting is that: "The council write to Bupa to object to the proposed sale of the contract to HC-One (or to any third party) and request that Bupa confirms that it will not proceed with the sale and to inform Bupa that if it does not do so, the council will have no alternative but to seek an order from the High Court prohibiting the sale."

The document also states that the authority want to continue working with Bupa to secure the proper running of the care homes until the end of the contract, with a view to a smooth transition of the management of care homes to the council or to a third party in the event of the council undertaking a new tender process.

The proposals have been put forward from the meeting to avoid uncertainty and to provide continued and safe provisions for the residents of the 12 homes in Powys which are run by Bupa.

Another proposal discussed in the meeting said that Powys would not hesitate in perusing Bupa for damages if they terminate the contract prematurely.

The document stated: "To remind Bupa that they do not have the right to terminate the contract under the terms of the contract and to confirm that the council would not hesitate in pursuing Bupa for a claim for damages in the event of Bupa prematurely terminating the contract before the end of the term."

Powys County Council has been contacted for comment.