Residents and their families have protested against the plans
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A second attempt to get a judicial review over 22 threatened care homes in Staffordshire has failed.
Mr Justice Williams rejected the application saying he was satisfied Staffordshire County Council had not yet decided to close the homes.
Sitting in the High Court he said he believed the council understood it had a duty to consult residents.
Solicitor Yvonne Hossacks says she has evidence the council was acting as if it had made its decision.
She said she plans to launch an appeal of the order, although the trial judge refused to give her permission.
The council said its proposals have been misrepresented and now wants to start talking to residents about the proposals on an individual basis.
The judge said if the council fails to hold a consultation the residents would then have grounds for a challenge.