A 102-YEAR-OLD North-East dementia sufferer is at the centre of a European human rights challenge over the fate of pensioners living in condemned care homes.

Lawyers will claim that Stockton Borough Council breached Sarah Rutter’s human rights when it decided to close the centenarian’s care home in October 2008.

Mrs Rutter was moved out of Parkview care home, in Thornaby, after her family’s pleas to let her stay were rejected by London’s Appeal Court. Now lawyers have taken their fight to the European Court of Human Rights, in Strasbourg.

If they win, hundreds more pensioners in care homes selected for closure will be able to stay put – leaving local authorities with a problem over what to do with costly homes they want to shut.

Stockton council is one of four local authorities facing the legal challenge.

Lawyers representing families affected have filed a case against the Government; and the court is expected to announce whether a full hearing is to be granted within the next few months.

Mrs Rutter’s lawyer, Yvonne Hossack, revealed a case had been lodged with the European Court and she was awaiting a response.

The news comes 24 hours after Durham County Council agreed to begin consultation on closing seven of its care homes.

A 12-week consultation on closing Hackworth House, in Shildon; Shafto House, in Newton Aycliffe; Manor House, in Annfield Plain; Glendale House, in Blackhall; Lynwood House, in Lanchester; Stanfield House, in Stanley; and East Green, in West Auckland, will begin on Monday, February 1.

Mrs Hossack said families affected may be able to mount a personal injury claim and pursue an injunction preventing closure.

“They should be taking steps to make sure, if they need to, they can make a claim.”

Relatives are considering how best to fight to save the homes.

George Dutch, whose 93- year-old mother, Margaret Dutch, lives in Shafto House, said: “Moving my mother out would be tantamount to killing her. I’d be very, very surprised if she survived.”

Durham County Council says it would cost more than £39m to bring the homes up to registration and inspection standards – council care beds are more expensive to run than those in the private sector and occupancy rates are lower.

Phil Wilson, MP for Sedgefield, said consultation should be fully-fledged and robust, taking into account all points of view.

He has pledged a thorough consultation exercise.

As well as Stockton, Mrs Hossack’s case involves councils in Hull, Wolverhampton and Southampton.

Among the residents moved out of closing care homes were a 106-year-old woman, a 101-year-old woman and an elderly man with sight problems.

Lawyers say their eviction breached residents’ rights to life, privacy, not to be discriminated against and not to be treated inhumanely.

Mrs Hossack said: “Evidence shows that people die earlier if they are traumatically moved.”

She said she was willing to take the case on a pro bono basis, meaning families should not face a large legal bill.

Mrs Rutter, who is living in Stockton’s Rosedale Care Home, is approaching her 103rd birthday.

Previously, her family said they would help the legal fight to try to save all the other Sarahs.

Yesterday, Mrs Rutter’s granddaughter, Angela Walker, said: “We haven’t heard anything. We’ve left it with Yvonne. Our priority is my nan.”

A Stockton Borough Council spokeswoman said: “The application at the ECHR (European Court of Human Rights) is lodged against the Government.

“As yet, the court has not made a decision on whether the case should be allowed to proceed to a full hearing and we await further information.”

If a hearing is granted, it could be three years before it comes to court.