Human Rights Act - Residents of Private Care Homes
27/04/2007
We just wanted to say thank you. We will never be able to repay you or express how grateful we are to you for all the support and help. There would have been no one in the world that we would have had in preference to you to act for us.
John, Newcastle Upon Tyne
Lawyer takes fight for recognition of Human Rights Act for Residents of Private Care Homes to the House of Lords
In
a case which could have wide ranging consequences for the most
vulnerable people in society, the House of Lords will be asked to
decide, over a 3 day hearing starting on 30th April 2007, whether the
Human Rights Act should apply in the case of an 83 year old Alzheimer's
patient threatened with eviction from her private care home.
The
patient, known only as YL, has lived at the care home since the 3rd of
January 2006 when she was placed there by her local authority who have
continued to pay the costs of her care.
The care home has been
seeking to evict YL because of an alleged irreconcilable breakdown in
the relationship between YL's family and the care home management. The
care home accepts that it is able to appropriately meet YL's needs and
that the relationship with YL personally has not broken down.
The
Human Rights Act covers public authorities and those performing public
functions. The House of Lords will consider the argument that the Human
Rights Act should apply to residents in the homes of private sector
care providers who have been placed in the care home, and are funded
by, local authorities under their statutory duties.
Southern
Cross Health Care Ltd the owners of the home in which YL is cared for,
and other private owners of care homes, are arguing that they are not
undertaking a public function.
YL is represented by the Official
Solicitor who instructs Yogi Amin of Irwin Mitchell Solicitors on
behalf of YL. Yogi Amin said "There are over 300,000 care home
residents potentially affected (1) with over 91% of care homes in
England and Wales owned and run by the private and voluntary sector
(2)."
"Just because a care home is privately run it should not
ignore the fact that the resident has been placed there and paid for by
a public authority. Care homes are undertaking a public function in
providing accommodation and caring for some of the most vulnerable
people in society. They need to accept the responsibility that goes
with it. That responsibility is simply to act reasonably and
proportionately."
"It is difficult to understand why care home
owners are concerned about accepting that their residents should be
afforded the protection of the Human Rights Act in circumstances where
decisions are being made which affect their care and residence."
Back to news
If you would like us to provide you with advice with regard to your potential claim, please complete our brief claim form. We will reply to your enquiry within one working day.
Fill out our quick claim form
If you would like to speak to someone directly about your claim, please call our friendly team on:
0870 024 0558