Up to 300,000 older people placed in non-local authority care homes are not protected by the Human Rights Act.
The situation came to light last week, after law lords ruled an 84-year-old woman with Alzheimer’s disease placed in a private care home by Birmingham City Council was not covered by the Act.
After her family fell out with the management, the woman was given notice to leave the home. In a council-run home, she would have been protected.
Age Concern described the House of Lords decision as a ‘catastrophe’.
‘The Government must take immediate steps to legislate in order to extend human rights protection to all people in independent care homes,’ said Gordon Lishman, director of Age Concern. A spokesman for Birmingham City Council said it worked closely with the Commission for Social Care Inspection to ensure all care homes met the required standard.
‘Our concern all through this case has been the welfare of the woman concerned, and we are pleased that she is able to remain in the residential home where she is settled, and her family are able to visit her,’ he added.
Social Care Crisis: What local government needs to know
Councils are £715m over budget and PM Andy Burnham says social care reform is essential to stop the NHS collapsing — here's what it means for local government.
