A DEFIANT last stand by an 89-year-old pensioner has thrown North-East care home closure plans into disarray after a landmark ruling in the High Court.

And if frail Lavinia Worley succeeds in her battle to remain in the council-run home where she lives, her battle is likely to spark a nationwide rethink on care for the elderly.

Mrs Worley's son, Bernard, has taken Durham County Council to the High Court in London over the authority's plan to close the Stoneleigh care home, in Barnard Castle, County Durham.

The council says the home must be demolished to make way for new care units designed to give pensioners more independence. But Mrs Worley, described by her friends as "an independent spirit", is determined not to leave without a fight.

The case has been taken up by campaigners who claim the authority breached residents' human rights.

Council chiefs maintain they did nothing wrong and say residents were consulted every step of the way.

But yesterday, a High Court judge sided with Mrs Worley - whose husband died in 1974 - and ordered an urgent judicial review of the case.

The decision stunned council legal experts who warned the ruling could force the authority to keep the 37-bed home open just for Mrs Worley. Although six pensioners still live at Stoneleigh, the others are expected to move out shortly.

Despite the council's insistence that it had done nothing unlawful, Mr Justice Henriques said it was "arguable" the authority had failed to consider Mrs Worley's right to respect for her home and family life, stated in Article 8 of the European Convention on Human Rights.

He said Mrs Worley "should have the opportunity to argue this matter", and ordered that the judicial review should be heard as soon as possible.

Stoneleigh has been earmarked, along with 16 of the county council's 25 residential homes, for closure as part a modernisation programme.

Jubilant campaigners said that if a judicial review finds in Mrs Worley's favour, pensioners across the country would be able to mount challenges against local authority home closures.

That would have far reaching financial implications for cash-strapped councils which may be forced to keep old and expensive homes going until existing residents have died.

Mark Oley, of the Residents' Action Group for the Elderly (Rage), said the county council had completely ignored the feelings of the residents. The outcome of the hearing could mean hundreds more elderly people could bring cases against the authority.

He said: "This outcome cannot be underestimated and has thrown open the door for others.

"Rage and Unison are looking to organise a conference to look at just how many people may have had their human rights breached in the 17 care homes due for closure.

"This seems symptomatic of New Labour councils which think they can walk all over elderly people and just simply ignore their rights.

"This case has bloodied Durham County Council's nose and other authorities would be wise to take heed."

Howard Pritchard, whose 86-year-old mother-in-law Doris is one of the few left at Stoneleigh, said: "This council needed a kick up the backside, and it got that today."

Last night, Andrew North, director of the county council's corporate and legal services, said: "The judge's decision is hard to understand and we shall continue to argue our case at the judicial review."

Solicitor Alistair Wallace, who represented Mr Worley and his mother, said: "This is an exceptionally important case in that it means many other elderly people in the county may well follow suit."

It could be April before the judicial review is held, and until then the council cannot close Stoneleigh.