UP to 1,000 elderly residents could suffer health problems -- or even death -- if they are forced out of county council care homes, a judge has been told.
The claim was made as lawyers argued over expert evidence due to be presented at a judicial review into the policy.
Lancashire County Council came under fire over its plans for a wholesale shake-up of old people's homes, which will include getting rid of 32. Of those 16 will be permanently closed and 16 more sold off.
Lawyers representing around 30 of the affected residents are mounting a judicial review challenge to the proposals which they say amount to a breach of their fundamental human rights.
They will be joined in their fight by Lancashire Care Association Ltd -- which represents private home owners -- and Chorley Borough Council. The case is due to be heard on March 3 at London's High Court.
In a preliminary skirmish yesterday, residents' counsel, Philip Havers QC, told the court the county council's plans would create "real risks for the lives and health" of the homes' residents. And Mr Justice Stanley Burnton boosted campaigners' hopes when he ruled that the court should hear from Dr David Jolley -- a world-renowned expert on geriatric psychiatry.
Dr Jolley will give evidence on the potential health impact of moving old people from the environment to which they are accustomed.
Lawyers claim the council's plans will cause such acute health risks and amount to a violation of residents' "right to life" enshrined in Article 2 of the European Convention on Human Rights.
They also argue the scheme will breach Article 2 -- which bans "inhuman and degrading treatment" -- and Article 8, which guarantees everyone's right to respect for their home and family lives.
The council today resisted Dr Jolley being called to give evidence at the judicial review -- which is due to last a week -- but Mr Justice Burnton rejected claims that he could add little to the debate.
Solicitor Yvonne Hossack later expressed her delight that an expert of Dr Jolley's eminence would now be involved in the case.
She said the council's plan to close homes could have devastating consequences for up to 1,000 residents.
"The basis of our claim is that research shows that moving frail and elderly people at this stage in their lives can cause them to suffer terribly and even to die."
The county council's plan -- which it says has been forced on it by Westminster -- involves a reduction of 600 places in private and public homes over five years.
Private home owners, incensed by the council's plan, say it will force many residents unwillingly back into the community and bankrupt businesses.
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