CAMPAIGNERS against the closure of 32 Lancashire care homes were today celebrating an 11th-hour deal which they claimed would save lives of elderly residents.
Lancashire County Council refused to reconsider its decision to axe the homes, despite a day of negotiations at the High Court in London.
But a judicial review was averted after it agreed that every resident affected by the plans should have a medical assessment by their own doctor -- and that it would consider postponing closure of their homes if moving them posed a health risk.
The legal team acting for the residents and Hyndburn Action Committee said the deal was a victory and the best they could get to secure the residents' future.
Chris Cheetham, the council's cabinet member for social services, insisted the welfare of residents had always been of the utmost importance but he hoped the deal would reassure residents and relatives.
A legal challenge brought by Chorley Borough Council was also withdrawn on the basis of the formal policy statement.
The Lancashire Care Association Ltd -- which represents private home owners concerned about the impact of the council's plans -- has already settled its dispute after agreeing more cash for looking after the elderly.
Residents' solicitor Yvonne Hossack said if the legal challenge had gone ahead and the council's decision had been quashed, there was a risk that after a brief consultation period it would have reached the same decision, with no legal recourse for the residents.
She said: "Both sides have been very mindful of expert advice that a fresh consultation would carry its own risks to life and health. I hope that their safety measures will be adopted and used as best practice elsewhere."
A statement by action groups from Hyndburn and Preston said: "We consider it disgraceful that any council would even consider hurting our old people, many in their 90s, some in their 100s, who are close to death.
"The safeguards we have agreed with LCC go further than any others ever agreed before, but they need to be policed and enforced with vigour."
After months of campaigning that saw hundreds of protesters take to the streets all over Lancashire and back a Lancashire Evening Telegraph campaign against the closure, the council's ruling Labour group voted the proposals through in September.
Even a change in government policy announced last month, relaxing stringent measures due to be imposed on care homes, failed to make the it reconsider.
The council has now agreed that, in cases where there was shown to be a "significant or imminent risk" to the health of one or more residents at a home, it will "anxiously scrutinise" the timing of transfers and will "seriously consider" postponing closure of the home until such risks have been managed or minimised.
And, crucially, the council agreed that the reduced number of residential care homes being operated by the council "will not be a factor" in the assessment of individual cases.
Coun Cheetham said: "We will listen to doctors and specialists who know our residents and hear what they have to say.
"Wherever possible, we will not move people for whom that could have a detrimental effect.
"But I do not want us to end up in a situation where we have a string old homes with just two or three residents. That isn't in the best interests of residents either.
"This in many ways is what we already had planned to do."
War veteran Norman Hickey's wife Phoebe was admitted to Northlands Nursing Home, Great Harwood, in January last year, three days before the county council decision.
Today outside the high court the 83-year-old said the agreement was "as good as we can get.
"We are saving lives for today, tomorrow and afterwards. "
Leader of Ribble Valley Council Chris Holtom said: "This is the least Lancashire County Council could do."
Ribble Valley MP Nigel Evans said: "Even at this late stage the council should reconsider and stop the closures."
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