Defeat in care home closure bid

But representatives of the Relatives Action Group for the Elderly (RAGE) have claimed it as a small victory after being awarded costs in the case, which will have to be paid by Staffordshire County Council.

The protesters were yesterday denied the right to legally challenge the decision to close 22 care homes after a senior judge found there had never been such a "decision" in the first place.

Lawyers representing RAGE claimed the council had decided to close all of its care homes and move residents to privately run homes around the county without properly consulting them.

They took the case to the High Court in London to seek a judicial review of the decision. But Judge Kenneth Parker QC found that a decision made by the council last month was a political or budgetary one and not a final decision to close any homes.

RAGE solicitor Yvonne Hossack argued that residents' reasonable expectation of being able to end their lives in the homes of their choice, as promised in council literature, was being compromised. She said letters to residents were misleading in that they gave the impression the homes were definitely closing and any consultation would be pointless.

But Stephen Knafler, representing the council, said: "The council has made a political decision that care should be provided in a better way in modern, well-equipped care homes and in supported housing.

"I accept that a decision has been made to completely reconfigure provision of care, but no decision has been made to close one single care home or day centre."

Following the hearing, MS Hossack said campaigners were "delighted" at the judge's ruling that no definite decision had been made to close the homes and that their legal costs were met.

But the county council also welcomed the court ruling.