Lawyers argued that the closure breached residents' human rights

Their lawyers had argued that moving them from Delamere House, in Sutton, St Helens, could threaten their lives.

The court had heard the home was threatened with closure after St Helens Council refused to increase funding to the level needed to make up for its financial losses.

The residents, who suffer from senile dementia, had sought a judicial review, arguing that closure was unlawful and that funds should be provided to keep the home open until proper risk assessments had taken place.

Inadequate evidence

Their solicitor, Yvonne Hossack, described the ruling as "absolutely disgusting - this is a judgement to kill people".

They will have to move, they will intensely suffer, many of them will die and they will die in the hands of strangers Yvonne Hossack, Residents legal team

She said she felt the case would ultimately go to the European Court of Human Rights at Strasbourg, but warned any final decision may be too late for her clients.

She said: "The reality is that Southern Cross, who are the owners of the care home, will not keep it open while the appeal process goes through.

"Those people will be moved, they are already in tears.

"They will have to move, they will intensely suffer, many of them will die and they will die in the hands of strangers."

Lawyers for nine of the 26 residents had argued that the council had breached their "right for life" under Article 2 of the European Convention of Human Rights.

Mr Justice Silber, sitting at the High Court in London, said he had great sympathy with the residents.

But he said there was "totally inadequate evidence" to suggest their human rights had been infringed.

The judge refused the residents permission to appeal, saying St Helens Council had agreed to liaise with "suitable consultants in old age psychiatry" on the best way to move the residents.

But during the hearing, Rupert Skilbeck, for the residents, had said the assessment was insufficient.

It should be stressed that the decision to close the home was one made by the company who own it and was not a council decision St Helens Council

He said: "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."

Gordon Lishman, Director General of Age Concern England, said: "The results of such a move can be devastating. This decision could leave vulnerable older people in St Helens without much-needed facilities."

'National problem'

He added that human rights legislation on the issue was "in confusion" and called for urgent guidance from the Department of Health.

St Helens Council said it welcomed the ruling, which highlighted the "national problem" of care home funding.

A spokesman added it had "substantially increased" its fees to the home's owner, Southern Cross Healthcare.

He said: "Despite this, Southern Cross, who own 130 homes across the country, decided to close it for commercial reasons.

"It should be stressed that the decision to close the home was one made by the company who own it and was not a council decision."