A JUDGE has told campaigners opposed to proposed changes to a community of learning disabled residents the High Court will not intervene - as their human rights will not be breached.

Botton village, in Danby Dale, North Yorkshire, is at the centre of a long-running row over the way the facility is run after the managing charity Camphill Village Trust proposed changing the status of volunteer carers, known as co-workers, to employees.

Campaigners argue that replacing the volunteers with paid staff will end the family-style living residents are used to – something they say is what makes Botton special.

Three residents of Botton, near Whitby, launched a bid to challenge the trust's plans, with their lawyers arguing the changes would interfere with their right to respect for their private and family lives – outlined in article 8 of the European Convention on Human Rights (ECHR).

John McKendrick, representing the residents, told the London court: "The claimants have enjoyed a private life both by way of developing relationships with others and also by respect for privacy in their homes - as there are no intrusive paid care workers coming in and out.

"This special arrangement respects their autonomy and dignity.

"The changes proposed presents a significant threat to the established and successful way of life that the claimants have enjoyed for many years.”

Lawyers for the trust argued the court should not grant permission for a judicial review, as there were other proceedings relating to the co-workers already ongoing in another division of the High Court.

Mr Justice Knowles said it was 'not arguable' that there had been a breach of the residents' human rights.

The judge said: "The claimants, who are learning-disabled, deserve respect and I do not doubt what they feel they gain from the arrangements with the co-workers that have existed up until now.

"But I must conclude that it is not arguable that Article 8 has been breached and it is my firm view that it is in the interests of all concerned that that is appreciated now."

He added: "There have plainly been tensions in the course of the history of this matter and different people will, understandably, feel strongly.

"But I emphasise the hope, in the interests of the claimants, as far as possible, tensions are not allowed to influence the practical progression of the matter from this point forward."

A spokesman for the trust said: “Camphill Village Trust welcomes the judge’s finding that the charity has no case to answer.

“The charity is obviously concerned that some of those we support felt strongly enough to go to court, and we will be looking closely at how we can ensure those we support and their families can have a role in shaping life at Botton.”

A spokesman for Botton residents said: “We are obviously very disappointed at the decision in the High Court however feel this is only a temporary set-back in the midst of growing political and personal support”.