Page last updated at 12:22 GMT, Wednesday, 8 October 2008 13:22 UK

Woman, 101, loses care home fight

Sarah Rutter
The family of 101-year-old Sarah Rutter believe the move could kill her

A 101-year-old woman has lost her fight to stay at a Teesside care home where she is the sole resident.

Stockton Council is in the process of closing Parkview Care Home in Thornaby, but relatives of Sarah Rutter argue that a move could kill her.

Appeal judges have now refused permission for her to challenge a High Court ruling dismissing her case.

Mrs Rutter has been in the sole care of 17 staff, costing the council 7,400 a week, since 11 July.

'Russian roulette'

The widow's family lost the High Court case to prevent her being moved last week, but an order was granted to let her stay until the further appeal hearing.

Lord Justice Rix and Lord Justice Richards lifted a temporary injunction blocking the council's plan after dismissing the Court of Appeal bid.

After the decision, the council said time would be given to consult the family on the best home to move her to.

The case was brought by Mrs Rutter's granddaughter, Christine Wardell, with her lawyers arguing that medical opinion showed a risk of death of up to 10% for a frail and elderly person who was moved during the winter months.

They argued the council was "playing Russian roulette" with Mrs Rutter's life.


Stockton Council want to close the home at which Sarah is the only resident


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