JUBILANT campaigners are celebrating a dramatic victory in the fight to save old folks' homes.

A judge has quashed Bury Council's "unlawful" decision to shut down Warthfield in Bury and Whittaker House in Radcliffe.

His ruling means that the door is now open for residents who have been moved out of Warthfield to return.

The challenge was brought by Mr James Madden, one of just seven remaining residents at Warthfield. The rest have been moved out of the Radcliffe Road home, which is due to shut next month.

Mr Madden (72) attended the two-day judicial review last week in London, and said he was "elated" with the verdict.

At the High Court, Mr Justice Richards 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 the homes.

He added that residents and their families had been given "inaccurate and misleading" information, even the executive committee, which voted to close the homes, had been given "inaccurate" information.

Mr Justice Richards rejected claims that the council had acted "with a closed mind" after informing residents in a letter of its plans. He also dismissed allegations that the consultations were rushed. But he added: "The consultation process failed to meet the essential requirements of fairness and was therefore unlawful."

The judge said it was likely that the homes would still be closed in the long run, but said that the outcome could not be a foregone conclusion.

Mr Don Mills, chairman of local campaign group CARE, said that "fairness and justice" had prevailed thanks to the organised actions of the "man in the street".

He added: "Openness and total honesty are paramount in the decision-making process. The council have never consulted properly. They must now change."

A council spokesman said social services bosses were having meetings this week to decide how to proceed.

He added: "The council has always acted in the best interests of all our older residents.

"We will abide by the judgement and we will be reviewing the situation in the light of the comments made."