Parents of five severely autistic children are taking Brighton and Hove Council back to the High Court.
Earlier this year they challenged a decision to close the Palmeira Project in Hove by mid November.
They will now return to the High Court on 12 January.
A High Court judge ordered Brighton and Hove Council to look again at the arrangement it has with National Children's Homes to look after the five children in the hope agreement could be reached.
In a six-hour meeting last month, the policy committee decided the children should be kept there unitl next October while assessements were made before their long-term futures were decided.
But lawyers for the children will argue this decision fell short of the judge's instructions and infringes the Human Rights Act.
Green councillor Keith Taylor, who voted against the council decision, said: "I did that because I felt it fails to deliver the solution the High Court wants - to provide ongoing care not disruptive to the children.
"Instead we ended up with a makeshift option that keeps the families in doubt about their future and creates anxiety."
Coun Taylor said if the children and their parents hadn't challenged the decision, the project would have closed.
He added: "Now the court will settle the matter and be the final arbiter. I am sure there will be lessons for us all when the judgement is finally known."
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