An 81-year old man has lost his lone fight to stay at a residential home eight months after it was declared closed.

Stan Smith remained at Nyewood House, Bognor Regis, after West Sussex County Council moved more than 40 other elderly residents out last September.

He maintained he had the right to remain in his home of almost 15 years and the council had to pay staff to look after him until the case was settled by a judge yesterday.

The court had to be brought to the home in Hawthorn Road because of Mr Smith's poor health.

A group of supporters turned up to the three hour hearing, held in a day room decorated with floral wallpaper and a temporary coat of arms.

Mr Smith's counsel, William Emerson, applied to postpone the case but Judge Sessions refused.

Mr Emerson argued that Mr Smith's rights had been breached while Kelvin Rutledge, for the local authority, said Mr Smith had been given a reasonable period of notice and the offer of a place in three alternative homes.

Summing up, Judge John Sessions said: "One can entirely understand why a man of his age is reluctant to move.

"One can only sympathise with this totally, but the fact remains that three offers were made and he was offered a trial period in one of the premises which he turned down. The offer remains open and that seems to me to be an important consideration.

"I conclude this has been a case where there has been no lack of respect for the defendant or for his private or family life. There is no arguable defence and a possession order must be made."

Mr Smith must vacate Nyewood House by April 18 but he plans to appeal against the decision.

He said: "I'm surprised at the outcome. I wanted the home to stay open for my benefit and for other people's benefit.

"I was very comfortable here and the staff were good. It feels like my own home. But I will not move out. They will have to take me out."

Mr Smith's brother, Dennis, 71, from Winchester, said: "There have been implications that Stan is a selfish man but he is the most selfless man I know. He was fighting for the home to be kept open. They're closing homes all over the country.

"Shifting old people around is not good for them. I won't be surprised if Stan is dead within three months."