The Human Rights Act and care homes

It is a sad and shocking fact that older people sometimes experience abuse or neglect at the hands of those charged with their care.

Under current law, care homes run by local authorities fall within the reach of the Human Rights Act, which gives the right of redress in cases of abuse and neglect. 

But 90 per cent of the UK's care homes and 60 per cent of its care agencies are provided by private or voluntary organisations, and are therefore not subject to the Act.

The case of Mrs L

In 2006, Mrs L, an 84-year-old woman with Alzheimer's Disease, was served with an eviction notice following a dispute between the company running her care home, Southern Cross Ltd, and her husband and daughter.

As the care home was not required by law to observe her human rights, there was no possibility of any legal protection against the eviction.

The case of Mrs L is not an isolated one. A significant number of vulnerable older people are evicted from care homes, sometimes solely because the home has a disagreement with a family member who is simply trying to ensure an acceptable level of care for their older relative.

Help the Aged takes action

Help the Aged intervened in the case, arguing for the legal loophole to be closed so that all care providers come within the remit of the Human Rights Act.

The 'Lose the Loophole' campaign was supported by the Secretary of State for Constitutional Affairs. Hundreds of people emailed the Chancellor demanding that the Human Rights Act be extended to protect older people living in private care homes.

House of Lords decision

The case of Mrs L went before the Lords in April 2007. Jean Gould, Legal Officer at Help the Aged, commented: 'Many older and vulnerable care home residents are exceptionally frail or have cognitive impairments, leaving them at risk of abuse and neglect. If the House of Lords fails to rule in favour of the case supported by Help the Aged, the rights of a large number of older people will continue to go unprotected.'

Unfortunately, the House of Lords ruled on 20 June 2007 that, since privately and charitably run care homes are not carrying out public functions, they are not covered by the Human Rights Act.

How changing the law would help

Closing the loophole in the law would mean that:

• Care home residents could no longer be arbitrarily evicted.
• Private providers of care would have to ensure older people's privacy is respected. 
• Older people could under no circumstances be fed whilst on a commode.
• Older people would receive the appropriate medicines and treatments to maintain their right to life.
• Older people could no longer be physically restrained or fed medication just to keep them quiet.

Take action

The Human Rights Act is failing thousands of older people who most need its protection. This glaring gap must be closed. Help us to increase pressure on the Government to lose the loophole.

Send an email to the Lord Chancellor