News Articles

Private Care Homes and human rights

Under English law the Human Rights Act applies only to public bodies; but what is the position when a patient is placed by their local authority into a privately run care home and subsequently funded by the local authority?

This was the central issue to be decided by the Law Lords. The case focused on an elderly Alzheimer's patient who had been placed in the private home by Birmingham Council. The home wanted her removed due to problematic behaviour from her relatives however her legal team argued that this would be a violation of her right to family life.

By a 3-2 majority, the House of Lords ruled that the care home was not exercising functions of a public nature, as defined within the Human Rights Act, by caring for people referred by a council and therefore was not bound by the Act.

The decision has proved to be highly controversial. Those condemning it are of the unanimous opinion that the Government should introduce new legislation to counteract the ruling. They argue that the decision will create inequality between persons in homes run by local councils who will have human rights protection, and those in privately run homes who will not have such protection and will therefore be at a disadvantage. Furthermore concerns have been raised that the same principle could also be applied to any other services contracted out by councils.

In contrast supporters of the decision feel that the Care Standards Act gives more than enough protection for care home residents and there is no need for further regulation under the Human Rights Act. This however is another bone of contention.

For expert guidance on all issues relating to Care Home management please contact our specialist Business Services department on 01980 660966 or complete our online contact form.

• < < Go back to the previous page
• News Homepage