Human Rights Act extended to residential care

News|May 13th 2014

The Human Rights Act 1998 has been extended to people living in government-funded residential care.

The House of Lords amended the draft Care Bill, addressing an existing loophole in which care home residents could only make claims under the Human Rights Act if their accommodation was provided by public organisations, or had been arranged by the NHS or their local authority. People living in accommodation provided by the government were not able to make claims under the Act.

The new provision will be apply to all care providers who are regulated by the Care Quality Commission or the equivalents elsewhere in the UK.

Health Minister Earl Howe said: “The amendment makes it clear that providers of publicly arranged or funded care and support, both residential and non-residential, provided on behalf of a local authority to an individual, are bound by the Human Rights Act.”

The House of Lords debated various amendments to the bill. It will now return to the House of Commons for final consideration before proceeding to Royal Assent and becoming law.

Photo by Elliott Brown via Flickr 

Author: Stowe Family Law

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