Aldwych Legal acted for Mrs Laura Carter and Deeper Care Solutions Ltd (DCS), a family-run domiciliary care provider, in a dispute with North Yorkshire Council and City of York Council over breach of contract, racial discrimination and harassment. DCS had grown to serve around 170 clients across North Yorkshire, Selby, York and beyond since 2009, with approximately 200 staff. From 2019, the councils imposed suspensions and intrusive inspections that severely disrupted operations, culminating in January 2024 when all clients were removed and the company was effectively forced to close.
What Happened
- Despite complying with varied requests, DCS faced protracted delays in reinspections and arbitrary limits on taking on new clients.
- In January 2024, City of York Council abruptly removed all DCS clients, including private clients, without notice or justification.
- These actions drove DCS into financial distress and caused reputational harm that jeopardised ongoing care for vulnerable clients.
Legal Issues
- Breach of contract and duty to act fairly by public authorities: unilateral actions breached contractual rights and continuity of care.
- Racial discrimination and harassment under the Equality Act 2010: direct discrimination under section 13 and harassment under section 26, given differential treatment against DCS compared to white-owned providers.
- Public law and rationality: failures to follow proper procedures and to provide adequate justification, engaging Wednesbury principles.
Our Approach
We engaged in early pre-action correspondence under the Pre-Action Protocol for Civil Claims against Public Bodies, exchanging information and documents with North Yorkshire Council and City of York Council. We prepared a detailed factual bundle and briefed experts to quantify losses, including the impact on client turnover of around £1 million per year prior to closure. We pursued a robust negotiation track, with comprehensive correspondence and readiness to rely on CPR procedures if needed.
Outcome
The case highlighted serious breaches by the councils, including contractual failures and discriminatory conduct. Through our approach, the client moved toward substantial compensation via court proceedings or negotiated settlement, with the councils acknowledging the impact on DCS and committing to meaningful settlement discussions. The claim seeks recognition of financial losses, reputational damage and psychological distress.
Result / Why It Matters
This matter demonstrates Aldwych Legal‘s capability in pursuing equal treatment for businesses against public authorities, combining civil and human rights principles to secure accountable outcomes for clients facing discrimination and contractual harm.
