A DECISION to shut a small but much-loved Bury care home was "fatally flawed" and violated the vulnerable residents' basic human rights, a judge was told.

Mr Justice Richards is being asked to overturn the decision by Bury Council to close two care homes, the Warthfield and Whittaker House.

The hearing is a landmark case and could have implications for councils across the country wanting to close homes.

James Madden, spearheading a campaign to save the Warthfield home where he has lived for about a year, considers fellow residents and staff as his "family", London's High court heard yesterday.

His counsel, Hannah Markham, said issues in the case would include whether the council committee who sanctioned the closure on July 10 had acted with sufficient open-mindedness.

She would also argue that the closure violated residents' rights to respect for family lives under Article 8 of the European Convention on Human Rights.

The judge was told there had been no "meaningful consultation" process with residents and their families.

Lawyers are also challenging a decision to close Whittaker House, which is due to shut in June 2003. The court heard that Warthfield, which once had 36 residents, now only has seven.

The council said those residents who have moved have done so voluntarily, but Miss Markham told the court: "How voluntary is a move if it's undertaken when a person is labouring under the misapprehension that they can't influence the decision to close? That's not true voluntary moving."

The council said it had carried out a full and lawful consultation exercise. Miss Janet Kentridge, for the council, argued that many residents had left the homes on a voluntary basis. The hearing was due to continue today.