A COUNCIL would be breaching a 93-year-old great-grandmother’s human rights if it closes her care home, one of her sons says.

George Dutch said that if Durham County Council closes Shafto House, in Newton Aycliffe, where his mother, Margaret, has lived for the past two years, he was “99 per cent certain” she would not survive.

Mr Dutch, 70, is demanding the council halts any proceedings that could lead to closure, pending the outcome of a European legal battle.

As revealed in The Northern Echo, lawyers for Sarah Rutter will say that Stockton Borough Council breached the 102-year-old dementia sufferer’s human rights when it closed Parkview care home, in Thornaby, in October 2008.

A judgement from the European Court of Human Rights could be several years away.

However, Mr Dutch said: “If this case goes against (Stockton) council, Durham County Council could face a huge compensation claim, in excess of anything it would cost to modernise the homes now.

“From a financial point of view, it has got to be worthwhile to wait.”

Along with Shafto House, Durham County Council is considering closing Hackworth House, in Shildon, Manor House, in Annfield Plain, Glendale House, in Blackhall, Lynwood House, in Lanchester, Stanfield House, in Stanley, and East Green, in West Auckland.

Three months of consultation will begin on Monday.

The council said it would cost more than £39m to bring the homes up to standards, that council care beds were more expensive to run than those in the private sector and that occupancy rates were lower.

Mr Dutch and others are organising opposition to any closures and considering pursuing a judicial review.

However, Alex Williams, a human rights expert at Durham University, said it would be up to the Government, rather than any council, to deal with any European human rights judgement, that any costs awarded would be against the state and that it would be difficult to pursue an injunction requiring a care home to stay open in advance of any judgement.

A Durham County Council spokeswoman said: “We are aware of the referral of Sarah Rutter’s case to the European Court of Human Rights and are mindful of our own obligations under the Human Rights Act and other legislation.

“We will be taking these obligations into account when considering the findings of the consultation and making any decisions.”

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