Changes to human rights legislation have been pledged by the Government to protect older people living in care homes.
Care Minister Ivan Lewis announced he would seek to ensure older people living in homes run by local authorities would be fully protected by current human rights legislation.
The pledge follows a High Court decision over a case involving Birmingham City Council and the provision of publicly arranged accommodation.
Mr Lewis said the Department of Health’s legal team was considering how to amend the Health and Social Care Bill, currently going through Parliament, to make care homes providing publicly-arranged accommodation directly subject to duties under the Human Rights Act, reversing the effect of the Birmingham decision.
Care Minister Ivan Lewis announced he would seek to ensure older people living in homes run by local authorities would be fully protected by current human rights legislation.
The pledge follows a High Court decision over a case involving Birmingham City Council and the provision of publicly arranged accommodation.
Mr Lewis said the Department of Health’s legal team was considering how to amend the Health and Social Care Bill, currently going through Parliament, to make care homes providing publicly-arranged accommodation directly subject to duties under the Human Rights Act, reversing the effect of the Birmingham decision.
He added: ‘I can confirm that we will also act to ensure that people funding their own care will for the first time have the right to refer complaints to an independent adjudicator. Details will be confirmed later this year.’
The change was given strong backing from directors of social services who oversee care arrangements made by local authorities.
Dwayne Johnson of the Association of Directors of Adult Social Services (ADASS) said: ‘This is excellent news. We have long argued for it and the closure of a totally unfair and unnecessary anomaly in our current safeguarding arrangements.
‘The current arrangements for complaints systems within private care homes meant people were often inhibited from complaining for fear of the consequences that might have on the care they, or their loved ones, received. Having reference to an independent adjudicator is an important first step towards ensuring that complaints can be dealt with quickly, fairly, and firmly.’
