CARE home providers fighting years of under-funding have taken their case to the High Court.

Four care home providers which operate homes in Newton Abbot, Torbay and Dawlish have been granted the right to seek a judicial review.

It will look into the way Devon County Council determines the amount of fees it pays for residents' care.

A Devon County Council spokesman said it was 'disappointed' that a review has been granted.

She added: "The care and welfare of Devon's vulnerable people is, and has always been, at the heart of our decision making."

The review does not include homes funded by Torbay Care Trust.

Speaking on behalf of the operators bringing the action, Alan Beale, managing director of South West Care Homes Ltd, which operates Lake View, Newton Abbot and Beechmount in Torquay, said: "We are grateful that the court has granted us permission for this review.

"However, we remain disappointed that legal action has become necessary."

He claimed the operators had held many discussions with the council on the rising cost of care.

He said: "Following this period we felt we had no choice but to take this legal action to ensure a secure future for our residents and their homes.

"We are absolutely committed to making sure our residents receive high quality personal care based on their individual needs, are treated with dignity and respect, and have as much choice and control as possible over their own care plan.

"Against a background of rising costs, growing numbers of older people in Devon and increasing financial constraints, this high quality of care is extremely difficult to maintain and something has to be done."

The four operators are members of the Devon Quality Care Forum, which represents more than 70 independent homes across Devon, including Teignbridge, and the South Hams.

The three other operators bringing the action are Southern Healthcare (Wessex) Ltd, which operates Sefton Hall, Dawlish; Forde Park Care, operators of Forde Park Nursing Home and Forde Park Retirement Home, both in Newton Abbot; and Palm Court Nursing Home in Dawlish.

They want the court to review how the county council has arrived at the fees it pays, and whether this has paid proper regard to the true cost of sustaining care home provision.

The hearing is expected to take place during April or May.

It is being seen as a test case by care providers in Torbay where home owners have warned of the critical financial plight facing the Bay's 115 care homes. Paul Bliss, chairman of the Torbay Quality Care Forum, who operates Primley Court and Primley View nursing homes in Paignton, said: "Torbay will be watching very closely to see the outcome of this case."