THE wheels of our justice system grind exceedingly slowly, but it must surely be a good thing that the best legal brains will examine whether or not councils are right to close their residential care homes.

The councils’ case has a cool-headed financial logic to it. It says that the private sector can provide the same, or better, standard of care, only more cheaply than the public sector. Therefore, it is illogical for Durham County Council to spend £39m from its limited budget of taxpayers’ money refurbishing its homes when it – and its elderly people – can get a better deal in private homes.

But the residents’ case has a huge emotional pull. It says that these people are in their dotage; octogenarians and beyond. They are happy in their communities, surrounded by their friends with their families – and memories – close by. The last thing they need at their time of life is the massive trauma and upheaval of moving home. It isn’t fair.

The dilemma of how we look after our elderly is growing all the time as more of us live longer – between 2000 and 2012, Durham expects to see a 23 per cent increase in the number of people aged more than 85 in the county.

As the county council currently shoulders the burden of the cost – as well as its own homes, it pays for the care of 82 per cent of people in private beds – it is understandably concerned about this increase.

But the rights of the residents to have as stress-free an old age as possible are equally strong.

Someone, somewhere has to make a judgement between these conflicting cases, and it is right that it should be the highest courts which make the last call.

Even though the wheels of the justice system grind so slowly that some residents will not see a decision in their lifetime, this is such a profound issue that will affect so many people in the future, it will be time well spent to reach the right decision.