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A charity has mounted a legal challenge over a law that led to a woman with dementia paying for residential care she did not want.

Age Concern South Lakeland is challenging a Department of Health decision not to amend the 1992 National Assistance Regulations, which it says force councils to charge people who have been subject to guardianship orders for nursing home accommodation.

The challenge was originally brought on behalf of Irene Johnson, 81, who died last September.

Johnson was transferred to a nursing home by Cumbria Council because of her deteriorating state, despite insisting she wanted to remain at home, and was charged £5,500 for her stay.

A High Court judge last week reserved judgement on whether the charity is allowed to continue fighting the case on Johnson's behalf.