RESIDENTS of the first-established Leonard Cheshire home for the disabled were this week battling to keep their Ôhomes for lifeÕ at LondonÕs Appeal Court.

Three long-term residents of the Le Court home in Greatham are challenging the Leonard Cheshire TrusteesÕ decision to ÔredevelopÕ the home, replacing it with a 16-bed nursing home for highly dependent patients.

Campaigners say the decision means that many of the existing 42 long-term residents face being farmed out to new Ôcommunity-based unitsÕ in the surrounding area.

In a ruling of enormous importance to private sector care providers and others, High Court judge Mr Justice Stanley Burnton dismissed their judicial review challenge in June last year.

But now the three are battling on in the Court of Appeal where the case is viewed as of such vital importance that it is being heard by the Lord Chief Justice, Lord Woolf, and two other senior judges.

The central issue in the case is whether the Leonard Cheshire charity can be viewed as Ôa public bodyÕ within the meaning of the Human Rights Act so that its actions can be reviewed by the courts.

Historically, judicial review has been confined to decisions of public bodies and has been held not to apply to private schools, private hospitals and other private sector service providers.

But if the three Leonard Cheshire residents win their case, the result could be a major widening of the courtsÕ power to review and overturn decisions of private bodies to whom public functions are now commonly Ôout-sourcedÕ.

Richard Gordon QC, representing the three, argues that, as most of the Le Court residents are funded by local authorities, the charity is performing hybrid public/private functions that make its decisions susceptible to challenge by judicial review.

If the Appeal Court rules in favour of the residents, private hospitals, schools, nursing homes and even privatised industries, such as Railtrack, may find their decisions being challenged in court.

The residents claim that the ÔredevelopmentÕ plans for the home will amount to its ÔclosureÕ in its current form.

They argue there was no proper assessment of individual residentsÕ care needs and the decision flew in the face of a Ôhomes for lifeÕ promise.

But, in order to put forward those arguments, the residents must first show the charity is a public body within the meaning of the Human Rights Act - otherwise the courts have no power to intervene.

Le Court was the first disabled centre established by Group Captain Leonard Cheshire more than 50 years ago, and is the largest home run by the charity.

The challenge is being mounted by long-term residents at the home - Elizabeth Heather, 47, Martin Ward, 76, and Hilary Callin - all of whose placements are publicly funded.

For its part, the charity insists there have never been any Ôhome for lifeÕ promises made to residents.

Mr James Goudie QC, for the charity, says no decision had been taken to move any of the individual residents and the redevelopment will take place by an Ôevolutionary processÕ over a period of years.

The Appeal Court hearing was due to finish on Tuesday but the judgement will be reserved.