A FAMILY who took on social services after home care funding was withdrawn for their elderly mother today said that whatever the outcome of their legal test case the battle was not in vain.

On Thursday, High Court judges reserved their decision on an appeal against a High Court judgement last July that Lancashire County Council had not acted wrongly in withdrawing its funding for Mrs Annie Ingham of Langho.

Mrs Ingham, 88, died last September after suffering a second stroke. The Royal Association for Disability and Rehabilitation agreed to fund the case through its appeal which was heard in London this week.

Mrs Ingham's daughter, Beryl Gilpin, of Worsthorne, said: "When my mother died we could have given in. But we had done such a lot of work. We were no longer fighting for the money, we were fighting against all the sadness, suffering and upset this had caused, not just in our family but to others who have had the same thing happen to them."

Mrs Gilpin said it all began after her mother had a stroke and spent six months in a nursing home, during which time she deteriorated. Mrs Gilpin was told funding for her mother to live at home was available through the care in the community scheme.

This was arranged and her mum spent three happy months progressing at home with 24-hour care costing about £450 a week with a contribution from the family.

Then, a letter came saying the funding had been cut leaving the family with a huge bill to find if Mrs Ingham was to stay at home.

Mrs Gilpin said: "When I was told that the funds were going to be cut there had not been a change in my mother's needs or condition.

"She was still the same and therefore their assessment was about what they could afford rather than what my mother needed.

"If we had demanded home care and demanded social services pay for it and then it was withdrawn, in our minds it would have been our own fault. But this care package was offered to me as an option."

As the case progressed from hearings in Blackburn to the High Court, the family realised they were no longer speaking for themselves but representing everyone in Lancashire who had suffered because of cuts.

Now the family awaits the decision of the three appeal judges. Mrs Gilpin added: "Obviously I hope they find in our favour, but whatever happens this case has far reaching implications both for local authorities and Government.

"Lancashire County Council can only spend the money that Government gives to them."

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