ELDERLY residents have won a first round legal victory in the fight to save old folk's homes.

A judge has ordered a High Court review of Bury Council's plans to close Warthfield in Bury and Whittaker House in Radcliffe.

The hearing will be held on Thursday (Aug 15) because of the extreme urgency of the case as residents are already being moved out of Warthfield, which is due to close next month.

Lawyers acting for residents in the affected homes will ask the court to quash the council's decision. They say that closures could infringe residents' human rights, and that they are at risk by being moved.

Judge Philip Havers QC, at last Friday's (Aug 9) High Court hearing, said he expects the council to tell residents they do not have to move out before Thursday's ruling.

Ms Yvonne Hossack, lawyer for the campaigners, said: "I have never known the court to move so swiftly. I am very pleased that they are hearing it on Thursday. The court has recognised that it is a matter of extreme emergency."

A delegation is going to London from Care and Respect for the Elderly (CARE), a new group which has replaced Save Homes in Time to spearhead the fight against the closures.

Mr Don Mills, its chairman, said: "The fact that the judge is to hold the review on Thursday underlines the fact that he views this as an emotional and upsetting issue for those involved."

Mr Phil Kaiserman, chairman of Bury Pensioners' Association which originally launched the legal battle, said: "This is wonderful news. We'll give CARE all the support we can and we'll back them to the hilt."

Councillor John Byrne, council leader, said that plans to arrange new accommodation for affected residents would continue despite the ruling.

"It doesn't stop any of the assessments going on," he said, "but we must make it clear to them that this is going through the court and it could be, eventually, that the transfers should not go ahead.

"One or two residents are due to move this week. If anyone says they would rather wait and see what happens, then that would be their right."

He said the council would defend its position, and was confident that it had done things correctly.

Anyone wishing to support CARE and give donations can contact its secretary Mrs Jacqueline Fosker on 723 5532.

Residents who have been recently moved out of Warthfield are urged to contact Ms Hossack as soon as possible. Her phone number is 01536 518638.