Lawyers for nine of the 26 residents at Delamere House in St Helens, Merseyside, who all suffer from senile dementia, have started a High Court challenge against its closure.

St Helens Council, which funds places at the home, has refused to increase funding levels.

On Thursday the judge heard relatives were concerned there had been no proper consideration of the fact that moving "could be the death" of residents.

There is no doubt at all that these are very ill and very tragic cases Mr Justice Silber

The case is expected to lay down guidelines for similar home closures.

Rupert Skilbeck, who is representing the residents, conceded that there had been some assessment by St Helens Council, but it was insufficient.

He told Mr Justice Silber, sitting in London: "Essentially it was done on the basis the home would close, with no option to consider not moving patients.

"The assessment does not address the key issue: what will happen if they do move?

"There is evidence that it can bring forward death."

'Strong views'

The court heard the case had arisen because Southern Cross Healthcare, owner of the home, decided on closure because of large financial losses.

The closure was triggered by a decision by St Helens Council last December not to increase fee levels to keep it open.

The residents are seeking a judicial review of that decision, arguing that it was unlawful and the funds should be provided to keep the home open, until proper risk assessments have taken place.

A failure to do so would infringe their "right to life" under the European Convention on Human Rights.

The judge said: "It is obviously a very important case which a lot of people have very strong views on.

"There is no doubt at all that these are very ill and very tragic cases."