So, for example, a individual living in a care house has no safety of tenure, and a resident can be evicted quite simply. It is properly acknowledged that the shock of getting forced to move out of a care home can contribute to someone’s death, and so the Human Rights Act is rightly a backstop in this kind of instances, but only if the Council organized the care.
Worse even now, if you are cared for in your own home by a personal or third sector company, even if the Council arranged it, human rights safety does not apply.
Final yr I was delighted when a cross celebration vote in the Property of Lords defeated the Government to amend the Care Bill to end this anomaly. But that Bill is not but law, and the Justice division is digging its heels in and now would like MPs to overturn that vote.
On ideological grounds the Justice Division would have MPs vote so that the Human Rights Act does not apply to older people who correct up their very own care. It believes that the Act ought to not apply to personal care arrangements.
But this is just not great adequate. How can it be acceptable that if men and women rob a bank and go to prison, then their dignity and care are covered by the Act – but not an elderly person with dementia living in a care home?
So as an alternative of making an attempt to unravel the alterations the Property of Lords manufactured, the Government should embrace it. Respect for a person’s human rights must be at the heart of very good care, it ought to be engrained in the culture of each organisation that supplies care, regardless of whether they are private, charity or publically run. Clarifying the law in this way would be a spur to every care supplier to develop a human rights method into the way they deliver care, assisting to drive up specifications across the entire social care sector.
The Care Bill will be a landmark reform of care in England, extensively welcomed by charities representing older and disabled folks. It is anything the Coalition can be proud of. I am as a result respectfully calling on the Justice Secretary to get rid of his ideological blinkers, and believe about the message he is sending out. I can only hope he reconsiders – for the sake of households and folks needing care everywhere.
Paul Burstow: The Human Rights Act need to apply to all pensioners in care homes
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