RESIDENTS of the first-established Leonard Cheshire home for disabled people at Le Court, near Petersfield, are to take their test case fight to keep their Òhomes for lifeÓ to the Court of Appeal.

Three residents of the home challenged a decision of the Leonard Cheshire Trustees in September last year to redevelop the home, replacing it with a 16-bedroomed nursing home for highly-dependent patients.

But their case was dismissed in June by High Court judge Mr Justice Stanley Burnton, who said the charity was not a Òpublic bodyÓ whose decisions could be challenged by judicial review.

The ruling was a landmark for private sector care providers and, recognising the importance of the issue, three Appeal Court judges have now granted the residents leave to appeal.

The case was granted priority in busy court lists but will still not be heard until after Christmas and is expected to last two days.

Many of the long-term residents at Le Court, who say they were promised Òhomes for lifeÓ there, face being farmed out to new community-based units in the surrounding area.

But Mr Justice Burnton said the charity was not Òsusceptible to judicial reviewÓ, a remedy which has historically been confined to decisions of public bodies and does not apply to private schools, private hospitals and other private-sector service providers.

He rejected arguments that, as most of the residents at Le Court are funded by local authorities, the charity was effectively performing hybrid public/private functions so its decisions could be challenged in court.

Leave to appeal against the judgeÕs ruling was granted by Lord Justice Schiemann and Lord Justice Waller after brief legal argument.

The residentsÕ solicitor, Paul Conrathe, said later: ÒAt a time when government is contracting out more and more of its functions to the private sector, this case has very significant implications.

ÒIt would be worrying indeed if, as a result of a contracting-out process, individuals are deprived of their fundamental human rights they otherwise would have enjoyed.Ó

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 three residents bringing the case to court are Elizabeth Heather (47), Martin Ward (76) and Hilary Callin.

Mrs Heather requires constant nursing care but is still mentally alert, although unable to walk and having problems with speech. She moved into Le Court 19 years ago.

Mr Ward was diagnosed with multiple sclerosis around 30 years ago and moved into the home in September, l983. Although his condition affects him physically, he remains mentally alert.

For its part the charity insists there have never been any Òhome for lifeÓ promises made to residents.

It says no decision has been taken to move any of the individual residents and the much-needed redevelopment will take place by an Òevolutionary processÓ over the next four to five years.