SOCIAL services officers will be asking councillors if they wish to press ahead with plans to close old folks' homes.
Following the High Court's decision to quash the closures, they are drawing up a report for members.
They promise to write to residents and their relatives with plans for new consultation procedures, if councillors stick to their guns.
A statement from Bury social services late yesterday afternoon (Thurs Aug 22) said: "The High Court Judge, Mr Justice Richards, quashed the decision to close Warthfield because he considered that the information residents were given for closing the homes was misleading.
"This means that if the council wishes to consider closing Warthfield, then the consultation process must begin again. A report will soon be taken to councillors to decide whether they wish to reconsider closure."
The statement continued: "The council is aware that many people had either decided to move from Warthfield or were making plans to do so in the anticipation that the home would be closing.
"The effect of the High Court judgement means that they now have a right to remain at Warthfield or to return to Warthfield if they have already moved. Equally, at any stage they also have the right to move from Warthfield to another home if they wish to exercise their right to do so.
"If councillors decide to reconsider closure, then a new consultation process will be planned and we will be writing to residents and relatives to let them know how and when this will be starting."
The High Court ruled that the council's decision to close Warthfield in Bury and Whittaker House in Radcliffe was unlawful.
It followed a two-day judicial review last week, which came after a legal challenge by Mr James Madden, one of just seven remaining residents at Warthfield which was due to shut next month.
The judge ordered the council to go back to square one and re-consider its decision.
He said the council had failed to consider the basic human rights of frail and vulnerable residents before resolving to close down the homes, and that residents and families had been given inaccurate and misleading information.
A campaign group, Care and Respect for the Elderly (CARE) is spearheading the fight to stop the closures.
But this week the group's chairman quit because of "political interference."
Mr Don Mills walked out of the group's meeting, complaining about the continuing presence of Lib Dem councillor Vic D'Albert.
Mr Mills accused Coun D'Albert of "feathering his own nest" and using the meetings for political purposes.
"I don't know why he's there in the first place," he said. "The idea is to put pressure on the council to change things, but he is the council."
Mr Mills said he would continue to pressure social services for change, whether on his own or with a new group.
However, Councillor D'Albert rejected the complaints, saying he had been invited to campaign meetings from the start.
"All along, this group has wanted to represent people and campaign for what they see are the basic rights of residents in the homes, and highlight the fact that some of those have been breached.
"It became clear more recently that Mr Mills wanted to take a fairly confrontational line with the council. He mistrusted me, and anyone who might be an "establishment figure" was immediately under suspicion.
"The group felt this was wholly inappropriate. I represent residents of Prestwich, not the council. I felt I could be useful, but he would not accept that. The group felt I could stay, so he decided he could not."
He said the group was organising a fund-raising event to keep the campaign going.
The new chairman of CARE is Mrs Jean Ellis, whose mother, Mrs Edith Tattersall (84), has lived at Warthfield for more than ten years.
"I've never done anything like this before," she said, "but it's so important both for my mother and the other residents."
Mrs Ellis added: "She's determined to stay until the last brick has been pulled down."
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