Residents and their families have protested against the plans
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A solicitor acting for residents of 22 threatened care homes in Staffordshire has gone back to court in a second attempt to seek a judicial review.
The High Court rejected Friday's application after Staffordshire County Council said it had not taken a decision on the homes' future.
Lawyer Yvonne Hossack said she had evidence the council was acting as if it had made its decision.
But the council rejected any suggestion it had "misrepresented" itself.
It says it is considering closing the homes because it needs to reduce a large budget deficit.